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.

 

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

 

House, Senate in Final Talks on Expanded
FTC Powers

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
  • 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


New Harkin-Hatch Bill

Measure preserves, fully implements DSHEA
 

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

 

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.

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. 



Where Does S. 3002 Stand Today?    

 

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

 

Save Our Supplements! Tell Your Senator to OPPOSE S. 3042, the Dietary Supplement Safety Act 

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

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!

 


New Legislation Poses Threat to DSHEA  

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.
 


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.

Don't Let Them Take Away Your Compound Medicines!

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.

 


Your access to DHEA is in Jeopardy!

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

 

 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

 


Thank you for your Support in Ensuring Congress Passed  
Important Dietary Supplement Legislation.

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
 

 

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
 

 


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.

 

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.

 


     No Compound
    Medicines?

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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