California Bills Affecting Industry Signed Into Law

SACRAMENTO--On Sept. 27, Gov. Gray Davis signed into law three bills impacting the dietary supplement industry in California. Two covered labeling and the third legalized alternative health care practitioners to practice in the state.

Davis signed two bills concerning warning statements appearing on ephedra and hormone precursor supplements, as well as one on supplements in general.

Senate Bill (SB) 1884, introduced in February, by Sen. Jackie Speier (D-San Francisco/San Mateo), requires warning statements to appear on supplements containing ephedrine alkaloids or steroid hormone precursors, such as androstenedione. The legislation also prohibits the sale of such supplements to minors and requires products carry a toll-free number, such as 800-MEDWATCH, for consumers to inform health authorities about adverse event reports (AERs).

This is Speier's second time trying to get a bill passed that would require warning labels on ephedra products; the first bill, which was introduced in February, was a no-go. Davis acknowledged in a statement that he vetoed the first bill because he felt the issue should have been a federal concern and not a state one. "While regulation of dietary supplements and interstate commerce is the responsibility of the federal government, Californians can't wait for federal action that is too long overdue," he said.

SB 1948, authored by Sen. Liz Figueroa (D-Fremont) and also introduced in February, now requires that warning labels on dietary supplements be clear and conspicuous. In addition, those who fail to place such labels on their products will be fined $1,000 for the first violation, $2,000 for the second violation and $5,000 for each subsequent violation.

The third bill, SB 577, was introduced by Sen. John Burton (D-San Francisco) in February, 2001. The bill set out to change existing law that had prohibited persons who were not licensed physicians and surgeons from engaging in activities classified as the practice of medicine.

Now that the bill has been passed, complementary and alternative medicine (CAM) practitioners can offer their services. However, they still cannot:

1. Conduct surgery on a patient

2. Administer or prescribe X-rays

3. Prescribe drugs or controlled substances

4. Recommend discontinuing medication prescribed by a physician

5. Willfully diagnose or treat a person with a mental or physical condition that may worsen the condition

6. Set fractures

7. Treat lacerations or abrasions through electrotherapy

8. Indicate, advertise or imply that he or she is a physician or surgeon

In addition, a California-based CAM practitioner must disclose to his or her client in a written statement the following: that he or she is not a licensed physician; that the therapy is an alternative to those licensed by the state; and that CAM therapies are not licensed by the state. Also, the client must state in writing that he or she has been provided with the above information prior to treatment.

SB 577 was partially based on the fact that, according to a study published by the New England Journal of Medicine, up to 5 million Californians go to CAM practitioners.

The laws go into effect Jan. 1, 2003.

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