Amid strong opposition by the supplement industry, Sen. Richard Blumenthal (D-CT) has withdrawn an amendment to the FY 2017 National Defense Authorization Act (NDAA) that would have required dietary supplements sold on military bases to be verified by an independent, third-party selected by FDA.

Enacted on an annual basis by Congress, NDAA legislation establishes budget and policy parameters for the Department of Defense. On May 11, Sen. Blumenthal, who is a member of the Senate Armed Services Committee, stated his intention to offer a dietary supplement related amendment to the Senate version of the FY 2017 NDAA during the Committee’s consideration of the bill.

The American Herbal Products Association (AHPA) said it has been in active communication with Senators who serve on the Armed Services Committee as well as other trade associations to voice opposition to the Blumenthal amendment. “Because Sen. Blumenthal withdrew the amendment, U.S. military personnel won’t face unnecessary restrictions that limit their personal and informed choices to use safe dietary supplements,” AHPA stated.

Sen. Blumenthal and Sen. Richard Durbin (D-IL), who are both long-time critics of the federal regulatory structure for dietary supplements, introduced a similar amendment last year when the FY 2016 NDAA measure was being considered by the Senate. However, the Blumenthal-Durbin third-party verifier amendment never came to a vote.  

“AHPA and the regulated supplement industry appreciate Sen. Blumenthal withdrawing this amendment,” said AHPA President Michael McGuffin. “Dietary supplement companies are currently required to comply with a host of federal regulations including current Good Manufacturing Practice (cGMP) requirements that ensure the safety and quality of supplements sold in the U.S. This amendment would have created a redundant and expensive burden for companies to sell products on military bases, effectively limiting service members’ access to high-quality supplements.”

Mr. McGuffin further stated, “AHPA and the other industry associations will remain vigilant as the FY 2017 NDAA measure is slated to be considered by the full Senate in the coming weeks. Senate floor action on the FY 2017 NDAA legislation will provide Sen. Blumenthal, along with Sen. Durbin, another opportunity to push this and possibly other proposals to unnecessarily restrict consumer access to supplements.”

Steve Mister, president and CEO of the Council for Responsible Nutrition, said the withdrawn amendment would have been another form of pre-market approval that would be duplicative for companies already following the law.

“While third-party verification programs are valid and commendable options for companies that choose to find ways to differentiate themselves for their customers, to mandate third-party certification as a requirement of sale would add costs that could be prohibitive for companies, and would likely be passed on to consumers,” he said. “Even more important, and overlooked by this amendment, are the laws and regulations already in place that require all companies marketing dietary supplements to abide by good manufacturing practices (GMPs), labeling requirements and a host of other regulations.”

Additionally, the amendment would inconvenience servicemen and women who would have had to leave the base or search the Internet to purchase supplement products they rely on to stay healthy.

“CRN is deeply committed to ridding the marketplace of bad actors and keeping consumers safe,” Mr. Mister added. “However, we believe that this amendment does not address those concerns, and instead would create unnecessary burdens for responsible companies manufacturing safe and beneficial products.”

Daniel Fabricant, PhD, executive director and CEO of the Natural Products Association, said NPA strongly supports the rights of service men and women to have access to safe supplements.

“Senator Blumenthal has repeatedly sought to deny access to these safe and healthy products from all Americans, and it is unfortunate that he appears to be targeting our men and women in service uniforms first.”

Despite the withdrawal of the amendment, NPA is preparing for the amendment or a similar version to be reintroduced when the legislation moves to the floor of the Senate for final passage. NPA enacted a nearly identical strategy to Senator Blumenthal’s efforts last year. 

“If Senator Blumenthal wants to ban dietary supplements in our country, he should do so openly instead of through backdoor attempts that require our troops to go through more hoops and hurdles to get the products they desire,” said Dr. Fabricant. “The fight is certainly not over and we will remain vigilant in our grassroots efforts to prevent this amendment from making its way into law.”

NPA is reaching out to associations representing service men and women and others to increase opposition to these attempts to restrict access to nutritional products.