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McCain ‘flip-flops’ on supplements reform Bill

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Interview with Marc Ullman
Partner, Ullman, Sharpiro & Ullman

By Shane Starling, 15-Mar-2010, duration 04:23


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In this US regulatory round-up, New York-based food and drug attorney, Marc Ullman unpicks the reformed position of Republican Senator John McCain on the regulations governing dietary supplements.

After withdrawing the heavily criticized Bill the Arizona Senator introduced to Congress at the beginning of February, McCain last week forwarded fresh proposals Ullman believes industry will, in large, “definitely back”.

“I think they all make sense for the industry,” he tells Shane Starling. “A couple of them are a little bit redundant but if this is the focus of the effort then I think the industry can all get behind it.”

Proposition 65 omega-3 legal action

Ullman said the legal action being mounted in a California court against omega-3 players over polychlorinated biphenyl (PCB) contamination of fish oil supplements, was the act of opportunistic “bounty hunters”.

“This is a law suit brought by a bunch of bounty hunters backed by lawyers who make a name out of making money squeezed out of companies named in this kind of litigation,” Ullman said.

“What people need to keep in mind is that these products are perfectly legal in the 49 other states. This is strictly a California issue on a very narrow question raised under a very badly drafted law.”

FDA health claim crackdown

Ullman said the 17 warning letters sent recently to a host of manufacturers over misleading health claims was a welcome indication of a more pro-active Obama administration FDA.

“I think this is consistent with the message that we have been getting that the Obama administration is going to push to enforce truth in advertising both from the FDA and the FTC perspective,” he said.

“My quick read of those 17 letters is that they were all very well deserved...This kind of enforcement action is warranted and welcome.”

Related topics: Quality control, Health claims, Regulation, Nutritional lipids and oils

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