December 03, 2010

Todd Harrison quoted on increased FDA scrutiny of regulatory issues relating to supplements

2 min

Venable Partner Todd Harrison was quoted in a December 1 Nutraceuticals World article on the changing regulatory landscape and its impact on the supplement industry. The article cited increased FDA scrutiny of the industry in the wake of numerous recalls in the food sector.

On the issue of regulatory enforcement within the dietary supplement market, Harrison said that the FDA does not have the manpower to actively go after new dietary ingredients in the marketplace, which would thus dictate a two-fold regulatory strategy involving pursuit of high profile ingredients and reacting to safety issues.

Commenting on issues surrounding recent high profile claims, Harrison said that the ripple effect of FTC action against Iovate and Nestle delivered the message that reliance on third party studies to justify claims won't cut it anymore. "The FTC has clearly indicated in these consent decrees that violation of the Federal Food, Drug, and Cosmetic Act is also deceptive regardless of whether the claim is substantiated," he added.

On the impact of politics with regard to these issues, he said, "Much has been made of the Republican takeover of the house but the fact of the matter is the FTC and FDA are run by political appointees of the Obama administration and they are firmly in charge of these two agencies for at least the next two years, thus, the Republican takeover is not likely to have any impact on these agencies."