Top Supplement Attorneys Predict Increased Regulatory Environment for the Supplement Industry
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Collins McDonald Gann Law Firm Gives Presentation at International Society for Sport Nutrition Conference
Top supplement industry attorneys are predicting increased regulation for the supplement industry within the next 4-8 years Rick Collins and Alan Feldstein, representing the law firm Collins, McDonald and Gann, identified four potential “minefields” facing supplement companies in a presentation entitled “Supplements, Science, and the Politics of New Washington” given at the International Society of Sports Nutrition Conference (ISSN) in New Orleans on June 15, 2009.
The tone of the presentation was “cautionary but not pessimistic” as Collins and Feldstein identified the risks facing the supplement industry in general but especially the sports nutrition segment. These risks include the (1) pro-regulatory philosophy of FDA and FTC; (2) state attorney generals actions on behalf of citizens; (3) class action lawsuits; and (4) profit-motivated adulteration.
The FDA and FTC will become increasing pro-regulation thanks to new appointments according to Collins and Feldstein. Key nominations by the Obama administration include Dr. Margaret Hamburg and Dr. Joshua Sharfstein who have been confirmed as the new FDA commissioner and FDA principal deputy commissioner, respectively. Of particular interest to the supplement industry is Dr. Sharfstein’s role as a former advisor to the anti-supplement Congressman Henry Waxman. Furthermore, David Vladeck, the new FTC Director of the Bureau of Consumer Protection, has long been critical of supplement industry and misleading claims during his 30 years working with the Public Citizen Litigation Group.
Secondly, state attorney generals are increasingly likely to sue supplement companies under consumer protection statutes. Local district attorneys (particularly in California) are participating too.
Also, there has been a growing trend towards plaintiffs filing class action lawsuits targeting “false marketing claims” and “false advertising claims” made by supplement companies. The law firm Call, Jensen & Ferrell is representing plaintiffs in a multi-million dollar class action lawsuit against Musclemeds for violating California Consumer Legal Remedies Act. A California court has appointed the firms of Robinson, Calcagnie & Robinson and Call, Jensen & Ferrell to represent plaintiffs in a $100 million class action lawsuit against BSN. The law offices of Juroviesky and Ricci and the law offices of Wood and Wood have each filed a class action lawsuits against Iovate Health Sciences and MuscleTech on behalf of plaintiffs in Ontario (Canada) and Tennessee, respectively.
Lastly, the FDA is going after supplement companies whose names/brands appear on the product for “profit motivated adulteration” even if the raw material supplier(s) or the manufacturer was responsible for the adulteration.
The reports of supplement tainted with Viagra, weight loss supplements spiked with pharmaceutical weight loss drugs, aromatase inhibitor products contaminated with androstenedione, and seizures and forfeitures involving unapproved new dietary ingredients (NDIs) increase the likelihood that the supplement industry will be more aggressively regulated.
Collins and Feldstein told researchers and scientists at the ISSN conference that the increased regulatory environment was an excellent opportunity for them to step up to the plate with clinical studies that would withstand scientific scrutiny. The demand for good researchers and good science in the supplement industry has become greater than ever.
But if prescription and/or illegal drugs to appear in supplements (even in trace amounts with no physiologic effects) or products appear that do not meet the definition of a dietary supplement or NDI e.g. methylated prohormone, then the FDA will step in aggressively with more stringent regulations and restrictions.
Source
“2009 International Society of Sports Nutrition Conference,” June 14-16, 2009
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