An interesting piece published by Natural Products Insider (free text link below) details the very shaky history of the Dietary Supplement Health and Education Act of 1994 (DSHEA) as described by Peter Barton Hutt, who served as chief counsel for the FDA in the 70s and was one of many who helped to shape the act in behalf of the Council for Responsible Nutrition (CRN).
The DSHEA was drafted in response to the Nutrition Labeling and Education Act in 1990, that gave the FDA the authority to approve all disease prevention claims for food, including dietary supplements. Using the vast powers of the act some three years later, former FDA Commissioner David Kessler, M.D., said the agency would block any attempt to approve disease prevention claims connected with supplements, even instances in which those claims were made for conventional foods, essentially banning supplements. Additionally, the act would be employed by the FDA to prevent food manufacturers from using dietary ingredients -- apart from essential minerals and vitamins -- deemed to be "illegal food additives."
Political pressure by consumers, however, forced Congress to relax these restrictions with the passage of the DSHEA, a law that legal experts believe provides the FDA enough legal authority to ban mislabeled and harmful supplements from the American marketplace. Unfortunately, that's where the regulatory road became very rocky.
In protest of its passage, Kessler prohibited FDA employees from enforcing the DSHEA because he was so convinced an unregulated marketplace rife with abuses would force Congress to repeal the act. The damage done to safety regulations and the health of Americans was so devastating that the DSHEA wasn't properly enforced until 2002, five years after Kessler left the agency. Even worse, it took some six more years for Congress to increase funding just so the FDA could enforce laws already on the books.
Still, these laws haven't stopped the production and sale of supplements with potency problems or those contaminated with harmful substances like lead. All the more reason for you to better understand what you're really paying for, by reviewing CNCA's Nutritional Supplement Quality -- The Facts.
Natural Products Insider September 21, 2009