SupplySide West Podcast 49: Former DOJ Official Weighs in on Gov. Actions Against Dietary Supplement Industry

In this wide-ranging podcast interview, Venable attorneys Michelle Jackson and Michael Blume--a former Justice Department official--weigh in on such topics as FDA regulations under the Trump administration, a criminal prosecution against USPlabs, a pending appeal over the legality of DMAA in dietary supplements, and recommendations for responding to a government investigation.

Josh Long, Associate editorial director, Natural Products Insider

September 6, 2017

In this wide-ranging podcast interview with Josh Long, INSIDER's legal editor, Venable attorneys Michelle Jackson and Michael Blume—a former official with the U.S. Department of Justice (DOJ)—discuss:

-- Factors that influenced DOJ’s enforcement sweep announced in 2015 against unlawful activity in the dietary supplement industry;

-- FDA regulations under the Trump administration and 2016 draft new dietary ingredient (NDI) guidance adopted by FDA;

-- Considerations that could result in DOJ not adopting an FDA recommendation to proceed with court action;

-- A criminal prosecution against USPlabs;

-- A pending appeal over the legality of DMAA in dietary supplements; and

-- Recommendations for responding to a government investigation.

Jackson and Blume will be speaking on Tuesday, Sept. 26, during a workshop at SupplySide West in Las Vegas. The workshop “FDA Lawsuits and Class Action Litigation,” will explore FDA’s years-long court battle over the legality of DMAA, regulatory strategies to establish the safety of a new ingredient, an update on class action litigation, and tips to defend against lawsuits brought by regulators and the private plaintiffs’ bar.

About the Author(s)

Josh Long

Associate editorial director, Natural Products Insider, Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at Natural Products Insider, which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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