#067: NPA vs. Dick Durbin's 2022 Supplement Bill (S.4090)

Apr 29, 2022

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https://blog.priceplow.com/podcast/npa-vs-dick-durbin-s4090

On April 26, Senators Dick Durbin (IL) and Mike Braun (IN) proposed a bill titled Dietary Supplement Listing Act of 2022, which would have serious ramifications on the way business and commerce is done in the dietary supplement industry.

We invited a powerhouse team of industry veterans and experts to discuss what this bill would mean for the industry:

Daniel Fabricant, Ph.D – CEO/President of the Natural Products Association (NPA)
Joe Weiss – President of branded ingredient developer Nutrition21 and NPA Board Member
Doug Kalman, Ph.D – Senior Vice President of Scientific and Regulatory Affairs for The Natural Products Association

All Dietary Supplements would now need FDA pre-approval?

The discussion centers around the text of the bill, and how its subtle wording would effectively create a situation where supplement manufacturers would require pre-market approval in order to enter the marketplace, otherwise they’d be deemed misbranded and subject to legal action.

Quick links before listening

Read the bill’s text – https://www.congress.gov/bill/117th-congress/senate-bill/4090/text
Compose a message to your representatives – https://www.votervoice.net/NPA/Campaigns/94238/Respond

Video: PricePlow Invites the NPA to Discuss Dick Durbin’s S.4090

https://www.youtube.com/watch?v=Kl5gDfFFGpQ

Detailed Show Notes

(0:00) – Introduction to the situation
(0:40) – Guest introductions
(3:30) – Dan Fabricant’s opening statement:
(4:35) – Pre-Market Approval
(5:00) – NDI (New Dietary Ingredient)
(6:15) – The bill’s vagaries:
(7:45) – There are no specifics and no protection for what gets on the list.
(7:50) – FDA’s recent activity
(9:20) – Joe Weiss talks about the consumer-facing side
(11:30) – There’s precedence for FDA malfeasance
(12:20) – The bill is sneakily-worded
(12:50) – Commerce in America
(13:45) – Supplements aren’t pharmaceuticals
(14:05) – Tianeptine?! Dick Durbin’s presentation of this bill
(16:55) – This bill does not enhance or improve consumer safety
(18:40) – FDA correct action?
(20:30) – Joe discusses how DSHEA 1994 affected the industry
(22:20) – What would you say to Dick Durbin? What’s the NPA’s negotiation line?
(24:20) – Opening the door for frivolous lawsuits
(24:50) – Senator Durbin and the Supplement Industry
(27:15) – The bill’s aim
(28:00) – The listing of retailers?!
(29:45) – New flavors require pre-market registration!
(31:15) – Opens the door for politicization
(34:00) – The manpower required for this
(35:00) – FDA’s facility inspections are down!
(37:00) – Potential FDA improvements and comparisons to the food industry
(42:30) – Many companies are more brazen these days
(45:00) – Giving FDA ability to remove existing products through this bill
(48:00) – Take Action

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