December 2002

Jarrow Formulas’ Requests FDA to Intervene In Kava Suit

Los Angeles, CA – Jarrow Formulas’ requested that the Federal Food and Drug Administration (FDA) intervene in the kava lawsuits filed in California. Jarrow Formulas filed the petition claiming that the FDA, and not the courts, should have jurisdiction over the safety concerns that have been expressed about kava supplements, particularly because the FDA was already investigating the matter and had issued a statement before any lawsuit had been filed. A California state trial court denied a request that it issue an injunction that would have mandated that a special warning be placed in stores as “shelf-talkers” or signs for all kava supplements sold in California. Denial of the injunction, Jarrow asserts, is all the more reason the FDA should have jurisdiction.

“There is a national interest in a federal, uniform policy for these types of supplements,” said Jarrow Rogovin, president of Jarrow Formulas. “The agency has a unique responsibility for enforcing federal laws and regulations related to dietary supplements.” Rogovin also expressed concern that such lawsuits will cause trade associations, companies and the FDA not to communicate in the future on any issue lest these communications be used opportunistically to initiate or maintain lawsuits.

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