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Author: Marc Ullman Created: 1/19/2009 11:53 AM
Mr. Ullman speaks frequently on various regulatory matters at various events, including Virgo Publications' Natural Products Industry Supply Side West Trade Shows and the National Nutritional Foods Association's annual MarketPlace Convention. He also manages the FYI Newsletter highlighting legal and regulatory issues concerning the Natural Product Industry.

Marc is a partner in New York City based Ullman, Shapiro & Ullman, www.usulaw.com. You can contact him at Marc[at]usulaw.com

Please note that blog is not intended to provide or serve as legal advice of any kind, and that the reader should not rely on it for such advice.

Last month, following the appearance of an article in The New York Times in which Tod Cooperman of Consumerlab.com was quoted as questioning the ability of any dietary supplement company with a wide range of products to “make every product well”, I posted an Open Letter asking Dr. Cooperman to address some concerns relating to his company’s business practices within the supplement industry. After hearing from Dr. Cooperman, I have some follow-up.

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It wasn’t surprising that Tod Cooperman of Consumerlab.com was quoted in the New York Times questioning the ability of any dietary supplement company with a wide range of products to “make every product well”.   His public endorsement of products made by companies that pay fees to Consumerlab.com, however, seems somewhat more noteworthy.

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FDA receives “32 reports of liver injury including 27 requiring hospitalization” in users of GlaxoSmithKline’s Alli OTC weight loss drug.  FDA receives 23 reports of liver injury including one death in users of the dietary supplement Hydroxycut.  Guess which one is still on the market.

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The Wall Street Journal reports that industry affected by proposed health-care reform spent $133 million lobbying on the issue before Congress last quarter. How do you think the supplement industry stacks up?

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The Washington Post publishes an AP story slamming supplements.  Consumerlab.com supplies a quote warning consumers about quality problems in the industry.  What else is new?

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Does any dietary supplement offer any significant health benefit to humans?  According to the LA Times, the answer is "No"!

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The working draft of the House version of the Food Safety Legislation has been relaeased.  The primary authors of the bill are Chairman Emeterius John D. Dingell, Chairs Henry A. Waxman, Frank Pallone, and Bart Stupak, and Reps. Diana DeGette and Betty Sutton.

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FDA recently send a number of warning letters to websites offering products purporting to be dietary supplements that can cure or prevent the H1N1 virus (swine flu).  The way those letters were addressed makes me wonder if the Agency really cares if they get there.

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I'm a little concerned about what I found while working on an article trying to predict what dietary supplement regulation might look like under the Obama Administration.

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