Trade associations debate mandatory product listing

In this episode of “Short Legal Briefs,” host Josh Long welcomes representatives of five trade associations to discuss hot-button issues at the Food and Drug Administration affecting the dietary supplement industry.

Josh Long, Associate editorial director, Natural Products Insider

April 18, 2022

1 Min Read
short legal briefs.jpg

FDA, in its recent budget request to Congress, proposed a mandatory listing of dietary supplement products. If enacted into law, the proposal would require manufacturers list their product labels with FDA and potentially disclose further information to the agency.

In this 30-minute interview hosted by Josh Long, industry trade associations debate the pros and cons of mandatory product listing (MPL) while also discussing the need for “DSHEA 2.0.,” or broader reform to the Federal Food, Drug & Cosmetic Act, the law governing dietary supplements.

This episode of "Short Legal Briefs" also features reactions to a 25-page letter from FDA, which responded to citizen petitions filed by two trade associations relating to a popular ingredient marketed in dietary supplements: NAC (N-acetyl-L-cysteine). In the letter, FDA reaffirmed its position that NAC is excluded from the definition of a dietary supplement. The agency, however, is considering a request for an NAC rulemaking and plans to issue guidance concerning a policy of enforcement discretion.

Long sat down with the following roundtable of experts to weigh in on mandatory product listing, DSHEA 2.0 and NAC:

Michael McGuffin, president of the American Herbal Products Association (AHPA);

Duffy MacKay, senior vice president of dietary supplements with the Consumer Healthcare Products Association (CHPA);

Loren Israelsen, president of the United Natural Products Alliance (UNPA);

Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN); and

Dan Fabricant, president and CEO of the Natural Products Association (NPA).

Check out all episodes at the Short Legal Briefs show page.


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.

Subscribe and receive the latest insights on the health and nutrition industry.
Join 37,000+ members. Yes, it's completely free.

You May Also Like