- Joint Statement from Congressmen Ron Paul (R-TX) and
Peter DeFazio (D-OR) submitted to the House Committee on Government Reform:
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- http://www.house.gov/reform/hearings/healthcare/01.03.20/israelson.pdf
Six Years After the Enactment of DSHEA: The Status of National and International
Dietary Supplement Regulation and Research."
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- Mr. Chairman, we appreciate the opportunity to submit
comments regarding the need to protect consumers from intrusive regulations
which interfere with the availability of dietary supplements. Todayís
hearing is just the latest example of the leadership you have shown on
this important issue.
Over the past decade the American people have made it clear that they do
not want the federal government to interfere with their access to dietary
supplements. In 1994, Congress responded to the American peopleís
desire for greater access to the truth about the benefits of dietary supplements
by passing the Dietary Supplements and Health and Education Act of 1994
(DSHEA), which liberalized the rules regarding the regulation of dietary
supplements. Congressional offices received a record number of comments
in favor of DSHEA.
Despite DSHEA, officials of the Food and Drug Administration (FDA) continued
to attempt to enforce regulations aimed at keeping the American public
in the dark about the benefits of dietary supplements. However, in the
case of Pearson v. Shalala, 154 F.3d 650 (DC Cir. 1999), rehíg denied
en banc, 172 F.3d 72 (DC Cir. 1999), the United States Court of Appeals
for the DC Circuit Court reaffirmed consumersí first amendment right
to learn about how using dietary supplements can improve their health without
unnecessary interference from the FDA. The FDA has been forced to revise
its regulations in order to comply with Pearson. However, members of Congress
have had to intervene with the FDA on several occasions to ensure that
they followed the courtís order. Clearly Congress must continue
to monitor the FDAís action in this area.
The freedom of consumers to use, or even obtain truthful information about,
dietary supplements could also be threatened by the United States participation
in the Codex Alimentarius Commission (Codex). Codex is a part of the Food
and Agriculture Organization of the United Nations and the World Health
Organization Food Standard Program operating under the authority of the
Sanitary Phytosanitary Agreement and the Technical Barriers to Trade Agreement.
Codex is the vehicle through which the World Trade Organization (WTO) is
working to "harmonize" (e.g., conform) food and safety regulations
of WTO member countries. Codex is currently creating a guideline on the
proper regulations for dietary supplements with the participation of the
Food and Drug Administration (FDA). We are concerned that the end result
of this process will force the United States to adopt the same strict regulations
of dietary supplements common in European countries such as Germany, where
consumersí cannot even examine a bottle of dietary supplements without
a pharmacists permission. By participating in this process, the FDA is
ignoring the will of Congress as expressed in DSHEA and in the FDA Modernization
Act of 1997, which expressly forbid the FDA from participating in the harmonization
process, as well as the will of the American people.
While Codex has no direct authority to force Americans to adopt stringent
regulations of dietary supplements, we are concerned that the United States
may be forced to adopt Codex standards as a result of the United Statesí
status as a member of the WTO. According to an August 1999 report of the
Congressional Research Service, "As a member of the WTO, the United
States does commit to act in accordance with the rules of the multilateral
body. It [the US] is legally obligated to ensure national laws do not conflict
with WTO rules." Thus, Congress may have a legal obligation to again
change American laws and regulations to conform with WTO rules!
If Congress were to refuse to "harmonize" US laws according to
strict Codex/WTO guidelines, a WTO "dispute resolution panel"
could find that the United States is engaging in unfair trade because of
our failure to "harmonize" our regulations with the rest of the
world. In any such trade dispute, the scales are tipped in favor of countries
using the Codex standards because of WTO rules presuming that a nation
who has adopted Codex has not erected an unfair trade barrier. Dr. Ron
Paul is a Republican member of Congress from Texas. Peter DeFazio is a
Democratic member of Congress from Oregon.
Rep Ron Paul http://www.house.gov/paul
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- Rep. Peter DeFazio http://www.house.gov/defazio
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- http://www.lewrockwell.com/paul/paul34.html
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