The New York City Council Committee on Consumer Affairs is scheduled to hold a hearing Jan. 26 on legislation that would more strictly regulate the sale of dietary supplements in the city.

One of the measures is a bill that would require local retailers to post warnings regarding the use of dietary supplements and would prohibit the sale of ephedrine-containing supplements to people under 18.

The other is a resolution which, if passed, would express the council's belief that FDA does not have adequate authority to regulate supplement products.

Both measures were introduced July 21 and referred to the committee. The bill (Int. 583), sponsored by Speaker Peter Vallone and five other council members, states "the laws relating to the sale of dietary supplements are lacking in protections for consumers."

"Although labeling and safety testing of these products...should be a federal responsibility, recent federal law in this area has weakened the authority of [FDA] to regulate" dietary supplements, the bill says.

"Thus, it is the council's intent to protect the health of its residents by requiring stores in the city which sell such products which could pose serious risks, to provide customers with notice of such FDA warnings by means of signage in the stores," the bill states. Products that FDA literature, statements or reports mention as posing risks would be subject to the provision.

Retailers selling supplements would be required to post in-store warnings advising consumers to discuss "with a health professional" issues surrounding the products' use, such as possible drug interactions.

The provision stems from what the bill sponsors perceive as consumers' erroneous conclusion of the safety of supplements due to their natural ingredients. The assumption causes many products to be taken "in excessive dosages, by persons with conditions which contraindicate their use, or in combination with other supplements or drugs with [which] they should not be used," the bill contends.

Finally, the bill says the availability of ephedrine-containing supplements "poses a serious threat to the lives and well-being of New York City consumers."

"This amphetamine-like stimulant can cause heart attacks and strokes," the legislation asserts, noting the ingredient is thought to be "responsible for numerous deaths." The bill would prohibit selling any product containing "any quantity of ephedrine, ephedra or ma huang" to "any individual" under 18.

Int. 583 also would "completely prohibit the sale of any ephedrine-containing products marketed for the purpose of achieving a 'high' or effect similar to that caused by some illegal drugs." In May 1996, New York state banned 20 ephedrine supplements that had been marketed as legal alternatives to street drugs.

If the bill were to pass the committee, it would then be voted on by the full council, after which the mayor would have 30 days to act. If the mayor took no action, the bill would become law. Violators would be subject to up to 90 days in jail, a $1,000 fine, or both. A separate civil penalty of up to $1,000 also could be applied.

While the council is uncertain as to who will testify at the hearing, the Council for Responsible Nutrition plans to attend.

The city council joins several other state and federal bodies, including FDA, in its attempts to crack down on the sale of ephedrine supplements. Most recently, the Texas Board of Health proposed requiring the MedWatch toll-free number on ephedrine supplement labeling (¹ Also see "Ephedrine Labeling MedWatch Reference Proposed In Texas" - Pink Sheet, 15 November, 1999.).

Resolution 912 was introduced by council member Morton Povman and seven other members. The measure asserts the Dietary Supplement Health & Education Act has created a climate of "under-regulation," resulting in "a lack of balanced, accessible information about dietary supplements and their use."

Therefore, "the Council of the City of New York...calls upon Congress to restore the authority of [FDA] to test and regulate dietary supplements prior to their marketing," the resolution reads. In addition, it asks FDA to increase agency research efforts on supplements and their potential interactions and to inform the public of its findings.

Finally, the resolution calls upon varying council committees "to conduct hearings on local legislation that may help in conveying important information to the public about such supplements."

New York City Pondering Tighter Dietary Supplement Regulation

More from Archive

More from Pink Sheet