CHPA Adopts Voluntary Labeling

CHPA Adopts Voluntary Labeling

WASHINGTON--The Consumer Healthcare Products Association (CHPA) announced it hasadopted a voluntary labeling system for dietary supplements. The label, directed atpregnant and nursing mothers, will read, "If you are pregnant or nursing a baby, aska health professional."

According to AHPA, most of its member companies are also using a similar label and havevowed to refrain from making claims pertaining to swelling or edema associated withpregnancy. This label, however, goes one step further, said AHPA, by formalizing thevoluntary use of the language.

CHPA plans to petition the Food and Drug Administration (FDA) to persuade it to adoptthe voluntary labeling program as well, and to make it a requirement for dietarysupplement manufacturers. For more information, visit www.ndmainfo.org.

FDA Issues Warning Letter to Nature's Way

WASHINGTON--The Food and Drug Administration (FDA) issued a warning letter to Nature'sWay in late March. The letter concerned the company's Pregnancy-6 product. According tothe FDA, the product is considered adulterated due to the presence of herbs that are notdesignated for use during pregnancy. Those herbs include Black Cohosh, which is listed asa Class 2b herb (not to be used during pregnancy) in the American Herbal ProductsAssociation (AHPA) Botanical Safety Handbook. According to AHPA, the FDA states that, aslabeled, the product "presents a significant or unreasonable risk of injury orillness."

FTC Settles with Enforma System

WASHINGTON--The Federal Trade Commission (FTC) has reached a settlement with EnformaNatural Products, the manufacturer of the Enforma System, a two-product weight losspackage. The company was accused of making deceptive claims on the two products and willhave to pay $10 million, which will be returned to Enforma customers or given to the U.S.Treasury.

Among the charges, the company allegedly made claims that Fat Trapper, a chitosan-basedproduct, prevents the absorption of dietary fat. Also, the company claimed the Exercise ina Bottle, a pyruvate-based product, increases the body's capacity to burn fat. The FTCreferenced quotes made during Enforma infomercials. The charges were brought on not onlythe company but also its president and chief executive, Andrew Guy, and its former vicepresident of sales and marketing, Fred Zinos.

"Miracle weight loss claims prey on people who are overweight or obese," saidJodie Bernstein, director of the FTC's Bureau of Consumer Protection. "When marketerspromise effortless weight loss, it's bad business. The fact is there's only one sure wayto lose weight and keep it off: eat less and exercise more."

FTC, FDA Shut Down Shady Internet Marketers

WASHINGTON--In early April, three companies selling dietary supplements over theInternet had operations suspended by the Federal Trade Commission (FTC), working inconjunction with the Food and Drug Administration (FDA). The operations were shut downbecause the companies had made unsubstantiated claims regarding product efficacy and use.According to the FTC, the companies' use of Internet hyperlinks, metatags and mouse-overswere also used in a deceptive manner.

Sarasota, Fla.-based CMO Distribution centers of America claimed its"cetylmyristoleate" supplement would cure arthritis and could be used to treatasthma, emphysema and cancer. Two other companies, Ashland, Ky.-based EHP Products andCrestone, Colo.-based Natural Heritage Enterprises, made similar claims. For information,visit the FTC Web site at www.ftc.gov.

Law Firm Files for Injunction Against FDA

WASHINGTON--The law firm of Emord & Associates, on behalf of Durk Pearson, SandyShaw and the American Preventive Medical Association, filed for an injunction against theFood and Drug Administration (FDA). The injunction calls on the United States DistrictCourt of the District of Columbia to enforce four rules set forth in Pearson v. Shalalawhich, according to the injunction, allow the FDA to suppress companies from making thefour health claims. The suppression, according to the Plaintiffs, violates the FirstAmendment, and the claims, found to be valid in the Pearson decision, should not bemade invalid by the FDA.

Specifically, the Plaintiffs wish to be able to make these health claims, as specifiedby the Pearson decision: (1) "Consumption of antioxidant vitamins may reducethe risk of certain kinds of cancers," (2) "Consumption of fiber may reduce therisk of colorectal cancer," (3) "Consumption of omega-3 fatty acids may reducethe risk of coronary heart disease," and (4) ".8mg of folic acid in a dietarysupplement is more effective in reducing the risk of neural tube birth defects than alower amount in foods in common form."

According to the Plaintiffs, the FDA has restricted the use of the first three claimssince 1993 and the last since 1996 as part of a deliberate policy to delay use of theclaims. If the injunction is approved, use of the claims will be allowed. For moreinformation, visit www.emord.com or call (202)466-6937.