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<text id=93TT0419>
<title>
Nov. 01, 1993: Mad About Vitamins
</title>
<history>
TIME--The Weekly Newsmagazine--1993
Nov. 01, 1993 Howard Stern & Rush Limbaugh
</history>
<article>
<source>Time Magazine</source>
<hdr>
HEALTH, Page 73
Mad About Vitamins
</hdr>
<body>
<p>When the FDA took on the supplement industry, the agency may
have bitten off more than it can chew
</p>
<p>By PHILIP ELMER-DEWITT--Reported by Janice M. Horowitz/New York and Kristen Lippert-Martin
and Dick Thompson/Washington
</p>
<p> It has had all the trappings of a media circus. Sissy Spacek
showed up at a Beverly Hills, California, press conference urging
health-conscious Americans to "start screaming at Congress and
the White House." Mariel Hemingway spoke her mind to the New
York Times on the issue of pill dosages and potency. Whoopi
Goldberg, Randy Travis, Laura Dern and friends sent a videotape
to Washington that included a shot of Mel Gibson being dragged
from his home in handcuffs, saying "Gee guys, they were only
vitamins!" A BATTLE ROYAL JELLY, proclaimed one headline writer.
THE FDA'S WAR OF THE ROSE HIPS, wrote another.
</p>
<p> But the dispute that has been brewing between the Food and Drug
Administration and the vitamin industry for two years--and
which reached Capitol Hill last week--is more than Hollywood's
latest cause celebre. Reports that the FDA was planning to crack
down on supplements touched a nerve among the 75 million Americans
who take vitamins, minerals and other dietary aids every day--including large numbers of new-age leftists and right-wing
libertarians who may disagree about almost everything else but
who share a basic distrust of the government-medical complex.
Over the past few months, thousands of letters, postcards, faxes
and e-mail messages have poured into congressional offices.
Thousands of people have marched in rallies in Los Angeles,
Washington and New York, some carrying preprinted signs that
say ACT NOW OR KISS YOUR SUPPLEMENTS GOODBYE!
</p>
<p> What's the ruckus about? The real issues are as difficult to
sort out as the label on a bottle of complex multivitamins.
Much of the uproar has been stirred by the Nutritional Health
Alliance, a pressure group that accuses the FDA of trying to
empty the shelves of the health-food stores and require a doctor's
prescription for herbs and amino acids. "They intend to destroy
the industry," says Gerald Kessler, executive director of NHA
and founder of Nature's Plus vitamins. "They want to take 9
out of 10 supplements and call them unsafe food additives or
drugs."
</p>
<p> Not so, says David Kessler (no relation), the reform-minded
FDA Commissioner who has, by and large, earned high marks for
his aggressive stewardship of the much maligned agency. The
FDA has no problem with 8 out of 10 supplements now on the market,
he says. Its chief concern is that any health claim--that
a substance cures impotence, say, or protects against cancer--be backed up by "significant scientific agreement." Under
food-labeling laws passed by Congress three years ago and scheduled
to go into effect Dec. 5, products that fail to meet this test
will have to be relabeled. The products themselves, however,
will not be banned. "The great vitamin ban of 1993 is a hoax,"
says Bruce Silverglade of the Center for Science in the Public
Interest, one of several independent groups that support the
FDA. "We need the government to sort fact from fiction."
</p>
<p> While Kessler has repeatedly pledged that he has no intention
of treating supplements as drugs, vitamin advocates have interpreted
several recent actions as signs of a new get-tough policy. They
seized on remarks made last year by an FDA deputy commissioner
who cited a task-force recommendation that amino acids be regulated
as drugs. If that wasn't enough to send industry leaders reaching
for their stress tabs, the agency staged raids on medical practitioners
and pill makers believed to be violating the law. In one episode,
according to the doctor whose clinic was targeted, FDA agents
were accompanied by flak-jacketed police shouting, "Freeze!
Raid! Raid!"
</p>
<p> If the FDA limited itself to protecting consumers from compounds
known to pose a clear health risk, as Kessler says he means
to, there would probably be nothing to argue about. The FDA
points to a list of "natural" preparations that have been associated
with injuries or deaths, including contaminated L-tryptophan,
implicated in 1,500 cases of a connective-tissue disorder as
well as 38 fatalities in 1989.
</p>
<p> The labeling issue is harder to resolve. At first it seems perfectly
reasonable that a company be prohibited from making any claim
it cannot back up. Moreover, the standard by which health claims
would be judged is considerably lower than the tough efficacy
and safety hurdles that drugs must clear. But scientific agreement
is not always easy to achieve, especially in a field as murky
as nutrition. "You have five scientists in a room, and if you
get two to agree, you're really getting somewhere," says Jeffrey
Blumberg, a nutrition professor at Tufts University. Despite
exciting new research into the value of vitamins, the FDA has
allowed only a handful of health-related claims over the past
50 years. Among them: that calcium protects against osteoporosis
and that folic acid taken by pregnant women can prevent neural-tube
defects in their babies, a claim that was accepted by the government
only three weeks ago, years after it was first reported. Many
studies suggest that a class of compounds called antioxidants,
including vitamins C and E and beta carotene, may help ward
off cancer and heart disease, but the possible benefit has not
yet been proved to FDA's satisfaction.
</p>
<p> The vitamin industry is not defenseless. Not only does it have
a sizable war chest (the industry grossed $4 billion last year)
and loyal customers, it also has an influential friend in Washington:
Senator Orrin Hatch. His home state of Utah has an important
stake in the industry, and he himself owns 1% of a company that
distributes vitamin C and iron supplements--an apparent conflict
of interest. (Hatch denies that anything is improper, saying
that the company deals mainly in real estate.) He has latched
onto the vitamin issue, speaking out against Kessler at every
turn. In April he introduced legislation that would permanently
exempt herbs, vitamins, minerals and amino acids from most FDA
controls. The bill has more than 50 Senate co-signers, and nearly
200 Representatives have backed a companion measure in the House.
</p>
<p> Though congressional support for the legislation is broad, it
may not be deep. Senate minority leader Robert Dole, a cosignatory,
has let it be known that he would vote against the bill in its
present sweeping form. Even FDA critics concede that Hatch's
proposal gives the industry too much freedom to make whatever
health claims it likes. Moreover, it puts the entire burden
of proof on the FDA, instead of on the manufacturer, where it
belongs.
</p>
<p> But compromise was in the air at congressional hearings last
week, as Senators mugged for the cameras and traded contraband
bottles of Happy Camper and Manhood Plus. Even Hatch was in
a forgiving mood, conceding that his bill "may not adequately
address the safety issue" and admitting that "the language is
not drawn tightly enough to prevent false and misleading claims."
Insiders say congressional leaders are working on revised bills
that would ensure easy access to vitamins but support strict
policing of labels for fraudulent claims, giving protesters
and the Hollywood crowd what they want while providing the FDA
and consumers with what they need.
</p>
</body>
</article>
</text>