October 2003

FTC director testifies on dietary supplements

The director of the Bureau of Consumer Protection of the Federal Trade Commission (FTC) testified before the Senate Committee on Commerce, Science and Transportation on October 28 and emphasized the FTC’s mission “to prevent unfair competition and to protect consumers from unfair or deceptive practices in the [dietary supplement] marketplace.”

In his statement, J. Howard Beales, III, said, “We recognize that an effective enforcement program requires … strong remedies. In the past year, we have increased our use of the federal courts in cases of egregious health fraud. The FTC has filed 14 of the last 17 actions against supplement and other health product marketers in federal court, which enables us to obtain, when appropriate, immediate injunctions, asset freezes and, in many cases, large judgments for disgorgements of profits or consumer redress.”

Beales said the FTC has filed or settled cases challenging claims for supplements marketed to treat diseases such as cancer, multiple sclerosis, heart disease, emphysema, diabetes and Alzheimer’s; to achieve “effortless, substantial and immediate” weight loss; to stop snoring; and to increase bust size. “We continue to pursue aggressive enforcement and currently have approximately 40 active investigations involving other cases of deceptive supplement marketing,” said Beales.

Beales noted that the FTC and Federal Drug Administration, working together, have intensified their efforts against false claims. In the last six months, the agencies have issued a combined total of more than 200 warning letters, cyber letters and e-mail advisories to various companies marketing dangerous or fraudulent health products over the Internet.

A bill — S722, the Dietary Supplement Safety Act of 2003, is currently in Senate committee. If passed, the bill would amend the Federal Food, Drug and Cosmetic Act to require that manufacturers of dietary supplements submit to the Food and Drug Administration reports on adverse experiences with dietary supplements. Two advocacy groups, the American Association for Health Freedom and Citizens for Health, have come out against this bill.

(For more information, see “Supplements under federal scrutiny,” in ChiroEcoNewsflash.com, and “Consumer group opposes S722”.

To read the full testimony, to http://www.ftc.gov/opa/2003/10/dietarysupptest.htm

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