2001 Ron Paul 21:1
Joint Statement from Congressman
Ron Paul and Peter DeFazio (D-OR) submitted to the House Committee on
Government Reform:
Six Years After the Enactment of DSHEA: The Status of National and
International Dietary Supplement Regulation and Research
2001 Ron Paul 21:2
Mr. Chairman, we
appreciate the opportunity to submit comments regarding the need to
protect consumers from intrusive regulations which interfere with the
availability of dietary supplements. Todays hearing is just the latest
example of the leadership you have shown on this important issue.
2001 Ron Paul 21:3
Over the past decade
the American people have made it clear that they do not want the
federal government to interfere with their access to dietary
supplements. In 1994, Congress responded to the American peoples
desire for greater access to the truth about the benefits of dietary
supplements by passing the Dietary Supplements and Health and Education
Act of 1994 (DSHEA), which liberalized the rules regarding the
regulation of dietary supplements. Congressional offices received a
record number of comments in favor of DSHEA.
2001 Ron Paul 21:4
Despite DSHEA,
officials of the Food and Drug Administration (FDA) continued to
attempt to enforce regulations aimed at keeping the American public in
the dark about the benefits of dietary supplements. However, in the
case of Pearson v. Shalala, 154 F.3d 650 (DC Cir. 1999), rehg denied
en banc, 172 F.3d 72 (DC Cir. 1999) , the United States Court of
Appeals for the DC Circuit Court reaffirmed consumers first amendment
right to learn about how using dietary supplements can improve their
health without unnecessary interference from the FDA. The FDA has been
forced to revise its regulations in order to comply with Pearson.
However, members of Congress have had to intervene with the FDA on
several occasions to ensure that they followed the courts order.
Clearly Congress must continue to monitor the FDAs action in this area.
2001 Ron Paul 21:5
The freedom of
consumers to use, or even obtain truthful information about, dietary
supplements could also be threatened by the United States participation
in the Codex Alimentarius Commission (Codex). Codex is a part of the
Food and Agriculture Organization of the United Nations and the World
Health Organization Food Standard Program operating under the authority
of the Sanitary Phytosanitary Agreement and the Technical Barriers to
Trade Agreement.
2001 Ron Paul 21:6
Codex is the vehicle
through which the World Trade Organization (WTO) is working to
harmonize (e.g. conform) food and safety regulations of WTO member
countries. Codex is currently creating a guideline on the proper
regulations for dietary supplements with the participation of the Food
and Drug Administration (FDA). We are concerned that the end result of
this process will force the United States to adopt the same strict
regulations of dietary supplements common in European countries such as
Germany, where consumers cannot even examine a bottle of dietary
supplements without a pharmacists permission. By participating in this
process, the FDA is ignoring the will of Congress as expressed in DSHEA
and in the FDA Modernization Act of 1997, which expressly forbid the
FDA from participating in the harmonization process, as well as the
will of the American people.
2001 Ron Paul 21:7
While Codex has no
direct authority to force Americans to adopt stringent regulations of
dietary supplements, we are concerned that the United States may be
forced to adopt Codex standards as a result of the United States
status as a member of the WTO. According to an August 199 report of the
Congressional Research Service, As a member of the WTO, the United
States does commit to act in accordance with the rules of the
multilateral body. It [the US] is legally obligated to ensure national
laws do not conflict with WTO rules. Thus, Congress may have a legal
obligation to again change American laws and regulations to conform
with WTO rules!
2001 Ron Paul 21:8
If Congress were to
refuse to harmonize US laws according to strict Codex/WTO guidelines,
a WTO dispute resolution panel could find that the United States is
engaging in unfair trade because of our failure to harmonize our
regulations with the rest of the world. In any such trade dispute, the
scales are tipped in favor of countries using the Codex standards
because of WTO rules presuming that a nation who has adopted Codex has
not erected an unfair trade barrier. Therefore, in a dispute with a
country that has adopted the Codex standards it is highly probable that
America would lose and be subject to heavy sanctions unless Congress
harmonized our laws with the other WTO countries. Harmonization may be
beneficial for the large corporations and international bureaucrats
that control the WTO but it would be a disaster for American consumers
of dietary supplements!
2001 Ron Paul 21:9
In conclusion, we
once again thank Chairman Burton for holding this hearing and for all
his efforts to protect the freedom of American dietary supplement
customers and for the opportunity to express our concerns regarding the
threat to American consumers posed by the WTO and the Codex
Alimentarius process. We also express our hope that Congress will act
to protect the freedom of American consumers from overregulation of
dietary supplements whether imposed by the FDA or through the back door
by an international organization such as the WTO. Note:
This was in a committee, so it does not appear in Congressional Record.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2001/cr032001.htm