Special Legal Review

Abstract

The Food and Drug Administration’s action on androstenedione suggested a new interest in utilizing the authority provided by the Dietary Supplement Health and Education Act, and a heightened enforcement policy against what the agency deems to be adulterated new dietary ingredients. This pronouncement on androstenedione is illustrative of the lack of cooperation and communication that exists between the Food and Drug Administration and the sports nutrition industry. The industry must conduct and publish safety studies and police itself against unscrupulous marketers who make false or unsubstantiated claims. At the same time, representatives and government officials must take a close look at the inherent and institutionalized bias that exists against dietary supplements within our government and begin to find ways to undo the existing bias by promoting productive and meaningful dialogue between respective groups. The purpose of this chapter is to discuss various sensationalized media reports and anti-supplement positions by some members of Congress while illustrating the general institutionalized bias against alternative health approaches that creates an environment for less than honorable marketers and at the same time compromises the freedoms of Americans to make their own health choices under the Dietary Supplement Health and Education Act.