On July 1, 2011, the FDA proposed new guidelines for food and drug manufacturers to follow to get approval for New Dietary Ingredients, or NDIs. Bill S.1310, the "Dietary Supplement Labeling Act," would
require supplement companies to adhere to these guidelines, which
state that any supplement currently sold that was not sold prior to 1994
must go through the same approval process that medication does.
In
theory, this is a great idea: the government wants to make sure that
substances people are consuming are safe. In reality, this could spell
the end of the supplement industry, because the red tape is extensive.
According to the FDA, a product would be classified as an NDI if any
aspect of it is changed: if a capsule that was approved at 50 mg is now
manufactured in 100 mg capsules, for example. If a supplement that was
sold prior to 1994 has been chemically altered in any way, it would now
be considered an NDI – and “chemically altered” includes baking,
cooking, or using a botanical ingredient at a different life stage, such
as using a bud instead of a flower. Supplements that contain several
different ingredients would go through a separate approval process for
every single one of those ingredients, making it cost prohibitive to
bring them to market.
Additionally, each
supplement company would have to seek approval for every single NDI
they sell. If one company gets Vitamin B12 approved, that doesn’t mean
that Vitamin B12 is approved for all companies. This is akin to every
bread, cereal, and cookie company in the country being forced to seek
approval for flour.
And
here’s the tricky part: if a drug company conducts research on a
dietary ingredient as a medication and publishes its findings, that
dietary ingredient can be patented by Big Pharma and supplement
companies will no longer be able to use it. In 2009, this happened with a form of Vitamin B6 used in treating kidney disease.
Because
the substances found in supplements occur naturally in nature, they
cannot be patented. Big Pharmaceutical companies want to make it so the
natural ingredients are able to be patented. That way, they can
have exclusive rights to the ingredients in order to make them
prescription only, which means 3000% mark up or more.
We must act now
and let the FDA and our Congresspeople know about our concerns. We must
convince them that the FDA's new definition of NDI is too broad and
that the approval process is so burdensome as to threaten the entire
supplement industry – an industry we and our families depend upon for
our health. The Alliance for Natural Health has an online petition
you can send directly to the FDA, your Senators, and your
Representative. I urge you to speak up, and to encourage your friends to
speak up as well. Don’t let the corruption in Washington take away
your right to affordable supplements that nourish your health.
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