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the author noted the same. They’re attempting to do an end run around the FDA by delegation this authority to the FTC who has absolutley no expertise in this area.

The following was contained in the link:

A direct attack on supplements would take the form of an amendment to DSHEA, since that legislation governs FDA regulation of supplements. In this case, Waxman has left DSHEA alone, and has instead inserted language in the Wall St. “reform” bill that gives the Federal Trade Commission (FTC) important new powers that could be used to circumvent key supplement protections in DSHEA. TAKE ACTION

To see how this would work, let’s see how the FTC operates today. Its chief mission is to combat commercial fraud. It has full authority to pursue companies making fraudulent claims. But the FTC can’t go beyond that, can’t set other regulatory requirements, without advance approval of Congress. The FTC once had this regulatory “rule-making” authority. It lost it in the 1980’s because Congress thought the Agency was abusing it.

At the present time, if the FTC moves against a dietary supplement company for false or misleading advertising, the FTC typically requires the company, as part of a consent decree agreed to by both parties, to back up its claims by undertaking at least two random controlled human trials. This is done on a case-by-case basis and is legal because the targeted company has agreed to it.

If the FTC had general rulemaking authority, which Waxman’s language reinstates, the Agency would be expected to create a new legal requirement for all supplement companies. Such companies would have to perform at least two of these human studies before making any claims for their products.”

I don’t think this has much chance of surviving as it will surely create a firestorm. Too many people (like me) love their supplements.

The FTC once had this regulatory “rule-making” authority. It lost it in the 1980’s because Congress thought the Agency was abusing it.

I cant figure out what this person is talking about. Congress passes laws (statutes). If FTC is the agency in charge of administering the statute, it makes the rules that do so.

I really do think this person is confused.