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Posts tagged dietary supplement industry

Senators Urge FDA to Withdraw NDI Draft Guidance: Encouraging News for the Supplement Industry

Jan6th
2012
Leave a Comment Written by Rick Collins

In what may be considered highly encouraging and promising news for the supplement industry, Senators Orrin Hatch (R-UT) and Tom Harkin (D-Iowa) have asked FDA Commissioner Dr. Margaret Hamburg to withdraw the controversial NDI Draft Guidance — and replace it with a new draft that, according to the Senators, “will provide needed clarification on what constitutes an NDI, but does not undermine the balance Congress struck in DSHEA to provide consumers with access to safe, affordable dietary supplement products.”

As reported in yesterday’s American Herbal Products Association Update, Senators Hatch and Harkin — who were the principal authors of the Dietary Supplement Health and Education Act (DSHEA) and are in a unique position to comment on this controversial new draft guidance and whether it is consistent with DSHEA — wrote a letter to the FDA to formally ask them to withdraw the document.  In their letter, the Senators pointed out that the draft guidance “serves to undermine DSHEA in a number of important aspects” — and went on to note their many concerns with the draft guidance (which many experts in the supplement industry have been noting since this controversial draft guidance for NDIs was introduced.) READ MORE »

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Dietary Supplements, FDA, Regulatory, Sports Nutrition    American Herbal Products Association, DSHEA, NDI Draft Guidance, NDIs, Orrin Hatch (R-UT), Tom Harkin (D-Iowa)
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GMP Compliance Still Primary Concern for Industry: NDI Notification “Not Likely” to be Enforced Through GMP Inspections

Sep1st
2011
Leave a Comment Written by Mike DiMaggio

While so many in the industry seem to be talking about NDI notifications as the biggest issue facing supplement companies, a recent poll of approximately 100 attendees at the recent United Natural Products Alliance (UNPA) seminar indicates that there’s another issue of more concern in the supplement industry today: GMP compliance. According to the survey results, reported in the August 15th “Tan Sheet” (see thumbnail image), 60% of the attendees polled said that GMP compliance is currently the most important issue facing the industry – compared to only 31% of attendees who believe that NDI notification tops the list of current concerns.

Those polled aren’t the only ones noting the importance of GMP compliance on the industry; according to Daniel Fabricant, director of FDA’s Division of Dietary Supplements, “GMPS are probably the most substantial thing industry has to work on” – noting that the FDA “is seeing a pretty high rate of noncompliance.” Fabricant went on to note that “the industry should expect more GMP enforcement” – but also disconnected the two issues by saying that the agency would “likely not” enforce NDI notification through GMP inspections.

So, for now, NDI notifications and GMPs remain two separate issues – with, it appears, more in the industry possibly less concerned about NDIs than they are about GMP compliance in today’s complex supplement industry. Therefore, as GMP compliance continues to be a growing issue, ensure that your company is following all proper practices and adhering to all current and future regulatory guidelines – and, to best meet any potential expanded GMP enforcement, consider seeking professional legal counsel to help you navigate through this important time.

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Dietary Supplements, Marketing and Advertising, Regulatory    GMP, NDIs, United Natural Products Alliance
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“TIMES THEY ARE A-CHANGIN’” Supplement GMPs are in Full Effect

Jun25th
2010
1 Comment Written by Mike DiMaggio

June 25, 2010 –  Today marks the date by which small businesses, meaning dietary supplement manufacturers with less than 20 employees, must be compliant with the current Good Manufacturing Practices (cGMPs) for dietary and nutritional supplements. It has been nearly 16 years since the Dietary Supplement Health and Education Act (DSHEA) was passed. DSHEA contained a provision requiring that FDA establish and enforce cGMPs, and while drafts were presented for comment over the years, it was not until 2007 that the cGMPs were finally approved, along with a three phase process for enactment, the final phase taking effect today. READ MORE »

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Dietary Supplements, FDA, Regulatory    cGMPs, dietary supplement regulation, dietary supplements, FDA, Food and Drug Administration, GMPs, Good Manufacturing Practices, nutritional supplement industry
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Protein Drinks are Dangerous, Says Consumer Reports

Jun3rd
2010
Leave a Comment Written by Rick Collins

The July 2010 issue of Consumer Reports (CR) magazine investigates protein drinks with not very flattering findings:

… [O]ur investigation, including tests at an outside laboratory of 15 protein drinks, a review of government documents, and interviews with health and fitness experts and consumers, found most people already get enough protein, and there are far better and cheaper ways to add more if it’s needed. Some protein drinks can even pose health risks, including exposure to potentially harmful heavy metals, if consumed frequently. All drinks in our tests had at least one sample containing one or more of the following contaminants: arsenic, cadmium, lead, and mercury. Those metals can have toxic effects on several organs in the body.

It’ll take some time to fully dissect the findings.  Obviously, nobody needs to ingest unsafe levels of heavy metals.  But 12 of the 15 did not contain unacceptable levels of any heavy metals in a full three (3) servings daily.  Of the 3 that did show unacceptable levels, again, it was only at 3 servings daily, not one or 2.  Only one product had levels of arsenic above the proposed USP limit.  Further, the USP limits are based on a person weighing only 110 pounds — considerably less than many if not most protein shake drinkers. READ MORE »

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Dietary Supplements, FDA, Sports Nutrition    bodybuilding supplements, Consumer Reports, dietary supplement regulation, dietary supplements, heavy metals, protein drinks, protein intake, sports supplements industry, supplement manufacturing, supplements harmful
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U.S. Senate Committee Hearing on Supplements set for May 26

May24th
2010
Leave a Comment Written by Rick Collins

The Senate Special Committee on Aging has scheduled a hearing entitled, “Dietary Supplements: What Seniors Need to Know.” The hearing, scheduled for 2 pm on Wednesday, May 26, 2010, will include testimony from the General Accountability Office concerning its investigation into “marketing practices” for herbal supplements.  Although the focus may be on the potential interactions between herbal products and prescription drugs, speculation is that questions about ”New Dietary Ingredients” may also be a highlight. Go to http://aging.senate.gov/ on the day and time of the hearing to view the live webcast.

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Dietary Supplements, FDA, Marketing and Advertising, Regulatory, Sports Nutrition    Congress, dietary supplement law, dietary supplement regulation, hearings, nutritional supplements, Senate, seniors
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CRIMINAL CHARGES FOR EXECUTIVES: PART OF NEW FDA INITIATIVE

May17th
2010
Leave a Comment Written by Mike DiMaggio
Dr. Margaret Hamburg, FDA

Dr. Margaret Hamburg

In a March 4th letter to Senator Chuck Grassley, the Ranking Member of the Committee on Finance, Commissioner Margaret Hamburg indicated that FDA plans to “increase the appropriate use of misdemeanor prosecutions … to hold responsible corporate officers accountable” and has developed a yet to be released criteria for determining when these criminal prosecutions will be used. This letter was in response to a report released by the Government Accountability Office (GAO) entitled: Food and Drug Administration: Improved Monitoring and Development of Performance Measures Needed to Strengthen Oversight of Criminal Misconduct Investigations. READ MORE »

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Dietary Supplements, FDA, Marketing and Advertising, Regulatory, Sports Nutrition, Steroids    dietary supplement laws, dietary supplement regulation, dietary supplements, new dietary ingredients, supplement manufacturing
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CRIMINAL CHARGES FOR FALSE CLAIMS: Supplement Company Owner Pleads Guilty to Fraudulently Marketing Dietary Supplements

Feb16th
2010
Leave a Comment Written by Mike DiMaggio

Making claims that a dietary supplement product can treat, cure or prevent a disease; making claims that are not substantiated or even worse, claiming that clinical studies have been performed when in fact, they have not, can result in substantial forfeiture of assets and federal criminal charges. The supplement industry is familiar with FDA and FTC oversight of dietary supplement claims resulting in consent decrees and civil penalties for violations of federal regulations. But what companies are not as familiar with are FDA’s enforcement powers to launch criminal investigations which are prosecuted by the United States Attorney’s office. Below is a recent example of the kinds of penalties that not only companies but individuals can be subject to for making false claims about supplement products. CMG works with our clients to review their label and advertising claims for compliance with federal laws and regulations, to help prevent or avoid this kind of situation from occurring:

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Dietary Supplements, FDA, FTC, Sports Nutrition    deceptive advertisements, dietary supplement regulation, FDA, FDCA, FTC oversight, misbranded drugs, nutritional supplements, supplement manufacturing, unapproved drugs
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McCain’s Proposed Bill & the Sports Nutrition Industry

Feb4th
2010
Leave a Comment Written by damoroso

John McCain (R-Ariz.) announced in a press conference that he intends to introduce new legislation which would effectively amend the Food, Drug & Cosmetic Act, particularly with respect to DSHEA. Click here to see the full text of proposed legislation.

We intend to further analyze this legislation; however, our initial impression is that we cannot see this bill passing without substantial modifications. Here are the highlights. The amendments proposed in McCain’s legislation could certainly be interpreted as throwing out the idea of “grandfathered” ingredients in favor of a list of “acceptable dietary ingredients” which would seem to suggest that FDA will be quite busy assessing all of the dietary ingredients marketed in the United States in order to determine whether they are “reasonably expected to be safe.” Either that or they are going to start from scratch and require every company to just begin filing these notification packets for every single dietary ingredient they currently sell…that shouldn’t take too long for FDA to review. Obviously this issue would require substantial clarification as the legislation retains the term “New Dietary Ingredient” but seems to remove the old section about ingredients marketed prior to 1994, which is what establishes the basis for the “old” or “grandfathered” dietary ingredients.

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Dietary Supplements, FDA, Regulatory, Sports Nutrition    dietary supplement regulation, dietary supplements, dietary supplements law, DSHEA, McCain, New dietary ingredient, supplement legislation, supplement manufacturing, USADA
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FDA Commissioner Hamburg’s Speech and the Potential Impact on the Supplement Industry

Aug7th
2009
Leave a Comment Written by damoroso

Recently Rick Collins and Alan Feldstein gave a speech at the ISSN conference in New Orleans on the effect the new Administration will have on our industry. They spoke about their belief that there will be greater regulatory scrutiny and more enforcement of dietary supplements, especially in the sports nutrition category.They emphasized the need to strictly comply with the law and to make sure that all dietary supplement products are substantiated, manufactured and marketed appropriately, and in fact actually fall within the definitional requirements for dietary supplement products as enunciated in DSHEA.

Those thoughts and opinions have now been echoed Margaret Hamburg, M.D., the newly appointed FDA Commissioner, during a recent speech at an industry sponsored conference.

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FDA    dietary supplement regulation, DSHEA, FDA, Hamburg, Legal Issues with Steroids, nutritional supplement laws, sports supplements industry, Steroids, supplement manufacturing
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Welcome to the Supplement Counsel Blog of CMG!

Mar5th
2009
Leave a Comment Written by damoroso

2009arnold1

The lawyers and support team of Collins, McDonald & Gann are proud to announce a new resource for the dietary supplement and sports nutrition products community.  We’ll be keeping industry informed about legal developments and news on a regular basis.  This weekend, like many in the sports nutrition industry, we’re off to the Arnold Sports Festival and Fitness Expo in Columbus, Ohio. Alan Feldstein, Esq. from Los Angeles, and Mike DiMaggio, Esq. and Rick Collins, Esq., from New York will be meeting with clients throughout the weekend.  We look forward to seeing you here when we return!

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Sports Nutrition    Sports Nutrition
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