POP CAMPAIGN (Preserve Organic Power). Update on Food and Supplements

31 May 2012

Read time: 9 min

Category: Archive

It is essential to continue taking strong stands and paying attention to actions of policy makers in Washington, especially in setting the stage for an election year. Too often, in the creases behind major headlines from balancing the budget, to disasters, to international

upheavals, to political posturing, your health freedom for generations to come can become hugely compromised, and we often do not become aware until it is too late. The stakes are very high, and the tipping point is right now. The POP (Preserve Organic Power) Campaign is tracking the following key issues and committing a voice to make a difference.

Responding to the FDA?s NDI Guidance Document: URGENT CALL TO ACTION!

It has been 17 years since the 1994 passage of DSHEA (the Dietary Supplement Health and Education Act) and the FDA finally issued a Draft Guidance Document on New Dietary Ingredients (NDI) .

"Couched" as a "non-binding" guidance document, these 86 pages with 58 attachments represent the FDA?s current thinking on new dietary ingredients. If finalized in its current form, it likely would curtail innovation and potentially cause many products introduced after

1994 to come off the market until they went through the NDI process. It could force small companies to go out of business and to fight the FDA in court to keep products in the marketplace.

In this FDA strategy, there is a massive economic benefit for the drug industry. Health-conscious Americans who properly use supplements slash their risk of degenerative disease. However, the FDA?s new rules would undermine this freedom of choice.

• Implementation would result in a stranglehold on the dietary supplement industry by requiring costly, extensive and exorbitant testing

• Guidelines would force the price of many supplements to surge upwards

• Rules would remove from the marketplace many effective supplements

This means that more aging people (including baby boomers) would be forced to rely on side effect laden prescription drugs to treat the degenerative diseases they may contract because they will be denied access to health-promoting nutrients. There also may be legal challenges to these regulations as to violating the original intent of DSHEA by the 112th Congress if these regulations stray too far and if ludicrous safety thresholds are excessive.

Tricky Responses to a Monsanto Revolving Door Culture

This exorbitant document is highly technical with many nuances. It basically provides the FDA?s current thinking regarding every question ever asked about NDI applications. Specific responses are needed that address all specific proposed areas — massive petitions and form letter responses will not be as effective.

There is an extended time until December 2, 2011, since the original ninety days were not adequate to evaluate and comment on such a complex, extensive and important document.

Have a voice; be informed; ACT.

Go to www.popcampaign.org for more information.

Senate Bill 1310, The Dietary Supplement Labeling Act of 2011 – A Dangerous Fast Track

Another most pressing issue is S.1310 introduced by Senators Durbin and Blumenthal to increase the regulatory burden to manufacturers of dietary supplements, moving the U.S. laws in closer alignment with those in the European Union and handing power to the Institute of Medicine (IOM). This dangerous bill would be a fast track for the FDA to eliminate many good products by deeming them "misbranded" if they do not comply.

This bill attempts to draw a hard line between "conventional food" and "supplements." This may appear harmless on the surface; however, there is a huge concern about harming the food and supplement industry. Food and supplements are inextricably linked, as many dietary supplement ingredients are food based. It was never the intention of DSHEA to force a hard line between the two. This legislation could eliminate supplements from the market place such as Lazy Cakes, energy drinks, etc. and deter innovative nutritional supplements, such as nutritional powders mixed into bottles of water, or products that are not a typical pill or capsule.

The biggest strategy concern is that Senator Durbin may circumvent the normal legislative process and attempt to insert all or part of the language into another piece of legislation. We must all remain alert.

A CODEX Victory for Consumers sets the stage for a new GE / GMO labeling food-fight

After 20 years of attempting to come up with a consensus on genetically modified or genetically engineered (GMO / GE) food labeling, in July 2011, we saw an unusual Codex victory in Geneva as the U.S. ended opposition to genetically modified labeling guidelines.

Subsequently, the official position is one where Codex has agreed that the decision to mandate GM labeling is a nation?s own decision and that it will not face a legal challenge from the WTO (World Trade Organization).

This clears the way for a National GE / GMO labeling law — clearly a most crucial juncture for our right to choose, now and in the future. Matters appear to be getting worse on the GE / GMO front, for example, as reported by Mira Oberman (AFP) on Aug 29, 2011 (CHICAGO): "A voracious pest which has long plagued corn farmers is devouring a widely-used variety that was genetically modified to thwart the rootworms, raising fears of a new superbug.

Experts warn that farmers may be forced to resume the heavy use of pesticides if resistant bugs become widespread and farmers may be using genetically modified crops in ways that hasten the development of resistant bugs."

GM / GE labeling is a tipping point issue. This will set up a completely new framework for consumer rights. Support the POP Campaign?s and other efforts to label GMO / GE foods.

Testimonial Free Speech Act — A Powerful Consumer Protection

On September 13, 2011, Rep. Ron Paul introduced the Testimonial Free Speech Act. This legislation prohibits the federal government from censoring an individual?s account of his / her experience with foods and dietary supplements. Hard as it may be to believe, the government is prohibiting individuals from sharing their stories of how they improved their health by using foods and dietary supplements — a blatant violation of the First Amendment. This has significant implications for labeling, testimony, and freedom of speech.

The example cited is where armed federal agents raided the headquarters of Maxam Nutraceutics, a company producing nutritional supplements for people with autism spectrum disorder and Alzheimer?s disease. The raid was based on Maxam?s alleged failure to comply with a warning letter from the FDA regarding "improper labels." The labels were simply accounts from Maxam customers describing their experiences with Maxam products.

Your donations are greatly appreciated and necessary to further our efforts. Please send tax deductible donations to:

POP Campaign

20 Sunnyside Ave, Suite A113

Mill Valley, CA 94941

Visit www.popcampaign.org or

call (415) 999-9414 or email

[email protected].

Top Issues by Beth Clay

The role of nutrition in health promotion has never been more important than now. Yesterday on national television Dr. Mehmet Oz declared that food is medicine. This is the message that Brian Clement and Hippocrates Wellness have embodied and implemented for 55 years.

At the same time that the integral role of our diet and supplements is mainstream, government bodies are trying to create barriers.

They still want to force everything through the drug regulatory model. We cannot let this happen!

The FDA has increasingly attempted to abridge consumers? rights to share testimonials regarding health and disease reversal / prevention. In Response, Congressman Ron Paul has introduced HR 2908: Testimonial Free Speech Act of 2011. This short simple bill reaffirms the Free Speech Rights of Americans to share their personal experiences about using foods including dietary supplements for healing purposes. We need to call and write our Congressmen to get co-sponsors.

The FDA recently issued the New Dietary Ingredient Guideline Draft, for which we have succeeded in getting the comment period extended to December 2. They prove in this document they simply do not get it when it comes to understanding the intention of Congress and the desires of the American people.

If finalized in its current form, the FDA would create chaos within the industry, force many to take the agency to court, and stagnate innovation.

Senator Durbin introduced S. 1310: Dietary Supplement Labeling Act of 2011 over the summer in his latest attempt to undermine the Dietary Supplement Health and Education Act. We are working aggressively to alert legislators so they do not fall prey to any attempt he may put forward to insert this bill into an appropriations bill or continuing resolution.

Beth Clay

Senior Vice President

Capitol Strategy Consultants, Inc.

Email: [email protected]