Dietary Supplements, Herbs and Botanicals Regulation: Food and Drug Law Book 10 of 12

by Roseann Termini, Esq.

Overview

This Book details the regulation of dietary supplements, herbs and botanical products. This industry continues to burgeon and has become a multibillion-dollar industry. Interestingly, as early as 1944, in Barnes v. United States, the court held that the label on vitamins was false and misleading. The product label implied that the tablets consisted of a significant quantity of vitamins when in fact the product was deficient in vitamins A, B, and D. In a later decision, the court focused again on consumer protection, as exemplified in United States v. Aangamik 15 Calcium Pangamate. The court in Aangamik 15, held that the vitamin product was misbranded under the FDCA.
Fifty years after Barnes, the Dietary Supplement Health and Education Act of 1994 (DSHEA), was enacted which has over 25 years later, proved both significant yet controversial. Approximately 4,000 supplements were in the marketplace when DSHEA was enacted in 1994. That has drastically escalated to well over 75,000 available dietary supplement, herb and botanical products. Back in 1996, consumers spent $6.5 billion dollars annually, in 2004 the dollar expenditure jumped to $20 billion and according to NIH over $36 billion in 2014. Industry reports indicated supplement sales in 2017 reached $43.4 billion and sales are projected to rise to $57 billion by 2024.
DSHEA amended the Food Drug and Cosmetic Act (FDCA) with provisions applicable to dietary supplements and the ingredients of dietary supplements. For example, the term "dietary supplement" under DSHEA is defined along with the term "dietary ingredients". Dietary supplement products include vitamins, minerals, amino acids, herbs or other botanicals and substances such as enzymes, organ tissues, glandular and metabolites as well as extracts or concentrates. Dietary supplement forms include tablets, capsules, softgels, gelcaps, liquids, or powders. Other forms such as a bar could qualify as a dietary supplement; however, the label cannot represent the product as a conventional food or a sole item of a meal or diet. Importantly, DSHEA established a framework for safety including claims and nutritional support statements; ingredient and nutrition labeling; and granted FDA the authority to establish Good Manufacturing Practice (GMP) regulations.
This Book details landmark court decisions, namely Nutraceutical Corp. v. Eshenbach, Pearson v. Shalala, Alliance for Natural Health, Whitaker v. Thompson and Pharmanex, Inc. v. Shalala. Other topics include an explanation of good manufacturing practices for dietary supplements, claims on dietary supplements, selected enforcement actions and advertising. DSHEA does not provide FDA with authority to approve dietary supplements prior to marketing; therefore, safety and efficacy considerations remain contentious. However, FTC and FDA exercise post market regulatory authority through court actions, nationwide alerts, warning and cyber letters, advisories and product bans. Further, there is adverse reporting specific to dietary supplements. Yet, a Government Accounting Office Report (GAO) recommendation calls for Congress to provide FDA with additional regulatory oversight. This is essential as the multibillion dietary supplement industry continues to escalate. This is essential as the multibillion dietary supplement industry continues to escalate. FDA created the Office of Dietary Supplement Programs (ODSP) (2015) that elevated the program status. The critical issue moving forward is for Congress to strengthen government oversight to protect the public health. See: Roseann B. Termini and Vincent Sannuti, A Look Back at DSHEA—Over 25 Years Later the Dangers of a Reactionary Approach to Dietary Supplement Regulation, Quinnipiac Health Law Journal, Vol. 22 Issue 2, Lead (2019). The authors emphasize the necessity for additional proactive enforcement regarding this multibillion-dollar industry.

Product Details

BN ID:	2940160997889
Publisher:	Forti Publications
Publication date:	01/09/2022
Series:	Food and Drug Law , #10
Sold by:	Barnes & Noble
Format:	eBook
Sales rank:	439,151
File size:	306 KB

About the Author

Roseann B. Termini, B.S., Ed. M., J.D. has over thirty years of extensive experience in food and drug law. This volume, is contained in the new eighth print edition and emanates from her comprehensive food and drug regulatory law books. Ms. Termini has frequently presented food and drug law topics as a featured speaker. Further, she has published a broad array of specialized food and drug law issues such as corporate accountability, criminal liability, enforcement, health claims, supplements, safety, duty to warn, preemption, regulation, promotion, tobacco, stem cells, risk assessment and globalization. She was the first recipient of the Plain English Award by the Pennsylvania Bar Association. Her expertise includes an appellate clerkship, position as sole corporate counsel, regulatory attorney and senior deputy attorney general at the Pennsylvania Office of Attorney General (OAG). While at the OAG, she prosecuted cases at the trial and appellate levels and was in charge of implementation procedures for the Pennsylvania Plain Language Act. Ms. Termini designed and developed the inaugural online food and drug law courses at Widener University School of Law, Johns Hopkins University, the University of Georgia, Drexel Uni-versity and a direct to consumer promotion course at St. Joseph’s University’s Executive Program. Ms. Termini has also taught food and drug law courses at Temple University’s Quality and Regulatory Affairs Graduate Program and Penn State-Dickinson School of Law. Ms. Termini has been active on the com-mittees of several professional associations for many years, including her service as Chair of a Food and Drug Law Institute Committee. She has also served on the President’s Council at Immaculata University and is a member of the Central Atlantic Association of Food and Drug Law Officials. Ms. Termini was admitted in 2018 to the bar of the United States Supreme Court.