Legislative Updates
Legislative
Contacts
Senator Dick
Durbin Senator Roland
Burris
309 Hart Senate
Bldg
387 Russell Senate Office
Washington, DC
20510
Washington, DC 20510
Phone: (202)
224-2152
Phone: (202) 224-2854
11th
District Representative 13th
District Representative
Debbie Halvorson
Judy Biggert
116 N. Chicago St
6262 S. Route 83, Suite 305
Joliet, IL
60432
Willowbrook, IL 60527
Phone: (815)
726-4998
Phone: (630) 655-2052
House, Senate Conference Rejects
Expanded FTC Powers
Victory for NPA,
Industry, Thanks to Strong Grassroots, Lobbying Effort
In another victory for Natural Products Association members and the
industry, early this morning, conferees on the
Wall Street Reform bill (S. 3217)
decided not to include in the final legislation sweeping new powers
for the Federal Trade Commission.
Such additional authority very likely would have led to advertising
rules on the industry that would have undercut the protections of
the Dietary Supplement Health and
Education Act (DSHEA).
This has been one of the top legislative priorities for the Natural
Products Association for the last six months. We are proud of all
the calls and letters written to your senators and representative.
Good grassroots and good lobbying are a powerful combination.
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NEW DIETARY
GUIDELINES DRAFT MISSES MARK
NPA
expresses “serious concern” on the direction of the report’s
recommendations
On Tuesday, Agriculture Secretary Tom Vilsack and
Health and
Human Services
Secretary
Kathleen Sebelius released the
Report of the
Dietary Guidelines Advisory Committee on the Dietary
Guidelines for Americans, 2010,
a draft report assessing revisions and recommendations to
the 2005 Dietary Guidelines. When finalized, the report will
form the basis for the 2010
Dietary Guidelines for Americans, which will be
released at the end of the year.
The Natural
Products Association expressed serious concern about the
direction of the report, most notably statements such as “a
daily multivitamin/mineral supplement does not offer health
benefits to healthy Americans."
“When less than 25 percent
of the U.S. population eats the recommended serving of
five fruits
and vegetables daily, how are Americans to get the
vitamins and minerals they need?” says NPA Executive
Director and CEO John Gay. “Advice to cut off a reliable and
safe nutrition source, such as a daily multivitamin, doesn't
seem logical or responsible.”
Public comments are now being accepted on the report.
Individuals and organizations are encouraged to submit
written comments through
July 15, 2010. Oral testimony may be provided at a
public meeting to be held in Washington, DC,
on July 8.
“The Natural Products Association will be weighing in
vigorously,” said Gay.
Read how to submit comments here:
Providing
Comments on the Committee's Report |
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 House,
Senate in Final Talks on Expanded
FTC Powers |
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Financial
Services Reform (S.3217)
is heading to discussion as Financial Services conferees begin
their meetings today. The Senate conferees are set; the House
conferees were just recently named. As we mentioned earlier, the
bill has passed the Senate, and while expansion of
Federal Trade Commission (FTC)
powers was kept out of the Senate bill, now the House and Senate
are getting ready to work out the differences between the
chambers' versions. The expansions being discussed could have a
dire impact on the natural products industry.
Many of you responded to the last call
to contact your senators, and deserve some of the credit for the
decision of the Senate not to include the FTC powers provision
in the bill they passed. But if you have not contacted your
representatives and senators, please do it today, particularly
if they are a conferee. It's especially important to contact
conferee, but contact your representatives and senators
regardless. (Representative Judy Biggert of the 13th
district is a conferee).
Take
action and send a message to your members of Congress,
asking them to OPPOSE the FTC provision, and urging them to
focus on strengthening the stability of our |
economy, not regulating industries
that had nothing to do with the financial crisis. At a time when
businesses are struggling to both survive and create new jobs,
adding burdensome new regulations and ceding more authority over
your business to the FTC is just what the economy does not need.
Should these additional powers be
granted to the FTC, you can expect to see the following:
-
The FTC creating advertising
guidelines that are inconsistent with what is allowed under
DSHEA and the FDA
-
The FTC acting as a legislative
body, creating “rules” for industries like ours in areas in
which it has no expertise
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The FTC levying fines against
businesses for practices it deems illegal without allowing
the business to change its policies
-
The FTC levying fines against
companies for “aiding and abetting” wrongdoing even when the
companies did not know a violation was occurring
-
The FTC making, approving, and
policing rules with virtually no oversight
In these critical times,
it’s important to make our voice heard. Please do your part |
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Today, the Natural
Products Association (NPA) offered its support of the
Dietary Supplement Full
Implementation and
Enforcement Act
of 2010,
legislation that would provide the Food and Drug Administration
(FDA) with additional resources to enforce the strong, existing
laws governing supplements, while also holding
FDA
accountable for their activities with the added resources. The
bill was introduced today by Senators
Tom Harkin (D-IA) and
Orrin Hatch
(R-UT).
“While some
have called for additional regulations on supplements, Senators
Harkin and Hatch understand that the real need is to fully
enforce the stringent statutes already on the books, to the full
extent of the law,” said NPA Executive Director and CEO John
Gay. “The way to get the bad actors out of the industry is by
putting more cops on the street, plain and simple.”
Until
recently, the FDA experienced year after year of
budget cuts,
limiting the resources it needed to effectively regulate the
industries under its |
watch. The
Dietary Supplement Full
Implementation and Enforcement Act
would authorize
additional funds to the FDA specifically for enforcement of the
Dietary
Supplement Health and
Education Act (DSHEA),
the 1994 bill that established the regulatory framework for
supplements. The bill also requires FDA to file annual reports
to Congress about how the Administration is regulating
dietary
supplements.
Further, the
measure would tighten product-specific enforcement, require the
release of the long- awaited New Dietary Ingredient (NDI)
guidance, and double funding given to the Office of Dietary
Supplements (ODS) to expand research and consumer information
about dietary supplements.
NPA supported
a similar full implementation bill introduced by Sens. Harkin
and Hatch in the
108th Congress.
For the Good of It will continue to keep you informed on the
progression of the bill.. |
FTC
Powers Bill Moves to Next Step:
A New
Call to Action from the
Natural Products Association
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Yesterday,
Financial Services Reform
(S.3217) passed the Senate. While expansion of
Federal Trade Commission (FTC)
powers was kept out of the Senate bill, now the House and Senate
must work out the differences between the chambers' versions.
The expansions being discussed could have a dire impact on the
way you do business.
Many of you responded to
the last call to contact your senators, and I think you deserve
some of the credit for the decision of the Senate not to include
the FTC powers provision in the bill they passed. Now, we need
you to act again by
contacting
both your representatives and senators today,
urging them to focus on strengthening the stability of our
economy, not regulating industries that had nothing to do with
the financial crisis. At a time when businesses are struggling
to both survive and create new jobs, adding burdensome new
regulations and ceding more authority over your business to the
FTC is just what the economy does not need.
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Now is the time that
your voice matters most. Should these additional powers be
granted to the FTC, you can expect to see the following:
- The FTC creating
advertising guidelines that are inconsistent with what is
allowed under DSHEA and the FDA
- The FTC acting as a
legislative body, creating “rules” for industries like ours
in areas in which it has no expertise
- The FTC levying
fines against businesses for practices it deems illegal
without allowing the business to change its policies
- The FTC levying
fines against companies for “aiding and abetting” wrongdoing
even when the companies did not know a violation was
occurring
- The FTC making,
approving, and policing rules with virtually no oversight
I encourage you to
take action
and send a new message to your members of Congress,
urging them to OPPOSE the FTC provision.
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Where Does S. 3002 Stand Today?
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After a whirlwind of activity late last week,
I wanted to give you an update on where things stand with S.
3002, the Dietary Supplement
Safety Act proposed by Senators John
McCain and Byron Dorgan.
Senator McCain
has told our Congressional champion
Sen. Orrin Hatch that he intends to back away from S.
3002, and work with Hatch on amendments to the
Food Safety Bill (S. 510) and
the DSHEA full implementation legislation. McCain will not
push any of the provisions of S. 3002 that we objected to,
but will support S. 510's language on recall and registration.
He also will seek language pushing for new
dietary ingredient (NDI)
guidance from the Food and Drug
Administration, and to encourage more cooperation between
the FDA and the
Drug Enforcement Administration.
We will need to keep an eye on these talks as they progress.
Sen. Dorgan also is reportedly
backing off S. 3002.. |
While McCain's
shift is good news (and evidence of the effectiveness of
grassroots), we should not let up our campaign, because the bill
could easily be picked up by another
member of Congress.
Keep in mind that things change.
Thursday night we were told that
McCain was soon introducing a reworked bill. By
Friday morning, McCain had
committed to working with Hatch. While this change is
encouraging, the possibility remains that discussions could
fail.
I want to thank you for your advocacy
efforts so far, through your letters, e-mails and phone calls to
your members of Congress.
We will continue to provide you with
updates about any changes to the bill's status
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Save Our Supplements! Tell Your
Senator to OPPOSE S. 3042, the Dietary Supplement Safety Act |
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On
February 4, 2010, Senators
John McCain and
Byron Dorgan
introduced S. 3002, the "Dietary Supplement
Safety Act." This legislation would mandate that every dietary
supplement would have to go through a brand new process of
government review in order to stay on the market.
If this
bill becomes law your
health care choices
will be drastically reduced, and many of the supplements
available today will become illegal. This and other provisions
of this misguided legislation affect ALL
dietary
supplements, including vitamins, minerals, herbs,
sports, and diet products.
The supposed
purpose of the bill is to make
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dietary
supplements "safer," which is ironic because dietary supplements already
have an excellent safety record. It also ignores the fact that
the US
Food and Drug Administration,
the US
Federal Trade Commission,
and the US
Drug Enforcement Administration
already have the powers they need to police the market.
If this
concerns you, please go to
www.saveoursupplements.org
to send a note in opposition to S. 3002 directly to your two
Senators or use the information on the website to write a
personal letter. Either way, you need to act immediately.
Do Not
Let Congress Take Away Your Right To Dietary Supplements!
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New
Legislation Poses Threat to DSHEA
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February 3, 2010
At a press
conference held earlier today, Sen.
John McCain (R-Ariz.) announced that he would be
introducing legislation that would amend the
Dietary
Supplement Health and
Education Act (DSHEA) to give the U.S. Food and Drug
Administration (FDA) additional powers |
over retailers and suppliers in the
dietary supplements industry. The Natural Products
Association is reviewing McCain's bill, which is cosponsored by
Sen. Byron Dorgan (D-N.D.), and
offers this initial analysis regarding the impact of the
legislation on the industry. |
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Don’t let them
take away your BHRT! |
| Right now
pharmaceutical giants are aggressively lobbing FDA and Congress
to restrict your access to BHRT and other compounded medicines.
If they are successful, big drug companies-instead of you and
your prescriber-will decide what medicines you can take. |
Fortunately,
there's a campaign underway to preserve your personal choice.
Patients and Professionals for Customized Care is bringing
together patients, physicians and healthcare advocates who know
how critical compounded bioidentical hormone replacement
therapies are to women suffering from menopausal symptoms.
Together, we can protect your access to BHRT. |
| Join
P2C2 at www.savemybhrt.org
today. |
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 Don't
Let Them Take Away Your Compound Medicines! |
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Big drug
companies are lobbying federal regulators to restrict – and
possibly deny – your access to compounded medicines. If
they are successful, big drug companies – instead of you and
your prescriber – will decide what medicines you can take.
This restriction will allow the FDA to severely restrict what a
compounding pharmacy can compound, what a physician can
prescribe, AND, what compounded medication will be available to
YOU! Here’s the latest specifics…
Oppose FDA's Action on behalf of Wyeth to Restrict BHRT
Alert Date: January 2008
FDA recently took action on behalf of pharmaceutical
manufacturer Wyeth – the giant drug maker of Premarin and
Prempro, two hormone treatments for women that have been linked
to cancer, heart disease and stroke by |
the Women’s Health Initiative, NIH study - to impose harmful
restrictions on the compounding and dispensing of bio-identical
hormone replacement therapy (BHRT), specifically compounded medicines containing the
drug estriol. This action has critical implications for
pharmacists, patients and physicians.
Fortunately, there’s a new campaign underway to stop them.
By banning together, we can protect our
access to compounded medicines! It’s easy - go to
www.savemymedicine.org
today to voice your concerns. If you do not have access to
the internet, you can make your voice heard by contacting your
representatives via phone or mail. Contact information
can be found below.
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 Your
access to DHEA is in Jeopardy! |
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Your access to DHEA is in jeopardy!
The Senate is considering a bill, S. 762, to classify
DHEA as an anabolic steroid, adding it to the list of controlled
substances and removing it from the market. H.R. 1249 is the
companion bill in the U.S. House of Representatives. Your
immediate help is needed to keep this safe and effective dietary
supplement legal and accessible.
DHEA is not an anabolic steroid. It is a
naturally occurring hormone that has a wide range of benefits,
including maintaining muscle strength and strong bones, boosting
immunity, and improving mood and sleep
patterns. Further studies suggest that DHEA may be helpful for
such conditions as obesity, cancer and Alzheimer’s disease. DHEA
dietary
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supplements, which have been on the market
for over 20 years, are derived from a plant in the wild yam
family
(Click here for more information.)
We need your help to keep DHEA legal. Enter
your ZIP code in the box above to send a message to Congress
asking your Senators and Representative to oppose S. 762 and
H.R. 1249 and any amendment to restrict access to DHEA to
minors. Congress should not restrict access to a dietary
supplement that has given health to millions of Americans.
Take action now!
Sincerely,
Save Our Supplements
www.saveoursupplements.org
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 Thank
you for your Support in Ensuring Congress Passed
Important Dietary Supplement Legislation. |
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Thanks to your overwhelming
responses, Congress last week passed S. 3546, the Dietary Supplement
and Non-Prescription Drug Consumer Protection Act (the “AER bill”).
Help ensure this landmark legislation becomes law by urging
President Bush to sign it. Please lend your voice to a
chorus of many others that support this bill, including the Natural
Products Association and the other leading dietary supplement trade
organizations.
The Issue
Contrary to what you may have
heard, this legislation will not affect the availability of dietary
supplements. Nor does it grant the Food and Drug Administration new
powers to regulate dietary supplements. The government already
tracks all adverse experiences that could be
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new is that manufacturers
who get reports of consumers being seriously harmed by their
products can’t keep them secret. While we believe such
occurrences are extremely rare, if they do happen, reporting
is the right thing to do.
How You Can Help:
Thank you for supporting
the long-term health of our fellow citizens and the natural
products industry.
Sincerely,
The Natural Products
Association
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 Two
Dietary Supplements
Could Save Health Care
System $5.5 Billion |
Rising health
care costs are one of the country’s most pressing issues.
National annual health expenditures more than doubled from 1993
to 2004 — when they reached a total of $1,793.5 billion. And by
the year 2012, they’re expected to nearly double again. A new
report released by the Lewin Group, a national health care and
human services consulting firm, indicates that two dietary
supplements, omega-3 fatty adds and lutein/zeaxanthin, could
save the U.S. healthcare system $5.5 billion over five years,
while improving the quality of life of thousands of seniors.
The report
Entitled "An
Evidence-Based Study of the Role of Dietary Supplements in
Helping Seniors Maintain their Independence,” the report was
commissioned by the Dietary Supplement Education Alliance (DSEA)
and published in January of this year. The authors critically
reviewed the research literature on omega-3 fatty acids’ ability
to prevent coronary heart disease (CHD) and lutein/zeaxanthin’s
ability to prevent age-related macular degeneration (AMD).
The impact of
CHD and AMD
Age-related
diseases such as CHD and AMD can considerably hamper seniors’
independence. CHD, characterized by blockage of the coronary
arteries, can cause angina
and heart
attack, require angioplasty and bypass surgery, and seriously disable
its victims,
AMD, which
gradually destroys sharp, central vision, affects a person’s ability to
read, drive, and write. It is the leading cause of blindness in
Americans over age 65.
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In addition
to compromising quality of life, both diseases have a
hard-hitting financial impact: The less independent a senior
becomes, the more paid
help is needed — whether that
senior becomes, the more paid help is needed — whether
that takes the form of an in-house aide or a nursing facility.
The cost
is shouldered by the older person, the family, and the health
care system.
Key study
findings
Based on
their research review, the study authors estimated that daily
intake of approximately 1,800 mg of omega-3 fatty acids by
seniors could prevent nearly 400,000 hospitalizations and
physician visits due to CHD over a five-year period (2006-2010).
That translates to a savings of $3 billion.
Preventing
AMD-related vision loss could also significantly curtail the
number of older adults transitioning to dependency. The report
estimates that daily intake of 6-10 mg of lutein and zeaxanthin
would help nearly 100,000 seniors avoid the transition to
greater dependency through not needing care in the community,
and help an additional 30,000 avoid admission to a nursing
fatality due to loss of vision over the same five-year period —
a cost savings of $2.5 billion.
In a separate
study researching preventive supplementation for those at high
risk for AMD, the federal government’s National Eye Institute
found that taking high levels of antioxidants and zinc can
reduce the risk of developing advanced age-related macular
degeneration (AMD) by about 25 percent.
These and
other scientific reports show promise that improving the health
prospects of our senior citizens can be aided by antioxidants
and other specific nutrients.
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No Compound
Medicines? |
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We’re contacting you because
legislation is being considered in Congress that would allow you
the benefit of tax breaks for purchasing some dietary
supplements. You already get these tax benefits for OTC drugs,
why not for dietary supplements that have proven health
benefits? This bill is expected to be acted upon soon, however
more co-sponsors are needed to ensure success and that’s where
you can have an important role in the campaign.
The issue:
Two types of health plans, Health
Savings Accounts (HSAs) and health Flex Spending Accounts (FSAs), allow
participants certain tax breaks for over-the-counter (OTC) drugs that
are used for the “prevention or alleviation of a physical or mental
defect or illness.” But dietary supplements, even those with proven
health benefits, are not included.
A key provision of H. R. 1545 is that
only those dietary supplements and foods that have been granted the
right by the U.S. Food and Drug Administration (FDA) to use a specific
health claim, based on scientific research, would have tax breaks under
this proposal. Here are some examples of the supplements and health
conditions they affect that would be included:
• Birth defects:
Folic acid
• Cancer: Antioxidant
vitamins, selenium
• Coronary heart disease:
Soy protein, sterol/
stanol esters and
omega-3 fatty acids |
• Osteoporosis: Calcium
• Vascular disease: B
vitamins
Such dietary supplements and foods help prevent diseases in ways
comparable to OTC drugs and the tax code should permit expenditures for
them under FSA and HSA rules, resulting in tax breaks for you.
How You Can
Help:
Save Our
Supplements invites you to become a voice for supplement choice. Please
click the link below to visit
SaveOurSupplements.org
and join the list,
On the
site you can ask your U.S. Representative to
support the Dietary
Supplement and Healthy Meal
Replacement Tax
Parity ACT, so that
you can have the same tax breaks for foods and dietary supplements with
approved health claims as for other products that maintain health and
prevent illness.
Please be sure to add
your personal comments to the draft to make your message
unique, make sure to include specifics if you or your family members
are using any of the items listed above. If your Representative has
already committed to support this bill, you’ll see a draft “thank you”
letter and a request to help recruit additional support.
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Sign Up to Save our Supplements! |
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