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Government Medicine United States

FDA Warns Supplement Makers To Stop Touting Cures For Diseases and Cancer 199

An anonymous reader quotes a report from The New York Times: The Food and Drug Administration on Monday warned 12 sellers of dietary supplements to stop claiming their products can cure diseases ranging from Alzheimer's to cancer to diabetes. At the same time, Dr. Scott Gottlieb, the agency's commissioner, suggested that Congress strengthen the F.D.A.'s authority over an estimated $40 billion industry, which sells as many as 80,000 kinds of powders and pills with little federal scrutiny. These products range from benign substances like vitamin C or fish oil to more risky mineral, herbal and botanical concoctions that can be fatal.

"People haven't wanted to touch this framework or address this space in, really, decades, and I think it's time we do it," Dr. Gottlieb said in an interview. He is particularly concerned about supplements that purport to cure diseases for which consumers should seek medical attention. "We know there are effective therapies that can help patients with Alzheimer's," he said. "But unproven supplements that claim to treat the disease but offer no benefits can prevent patients from seeking otherwise effective care." The companies included TEK Naturals, Pure Nootropics and Sovereign Laboratories. In a letter to TEK Naturals, the F.D.A. and the Federal Trade Commission chastised the company for marketing Mind Ignite as a product "clinically shown to help diseases of the brain such as Alzheimer's and even dementia."
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FDA Warns Supplement Makers To Stop Touting Cures For Diseases and Cancer

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  • If they are actually wanting to make such claims about their products, I highly doubt that they'd care what the FDA has to say.
    • They will care when they get shut down.

      • by mark-t ( 151149 )

        Shut down how, exactly?

        How can the FDA revoke approval for things it never gave approval for in the first place?

        • I'm pretty sure the FDA has the authority to ban the sale of violating products in stores.

          • by mark-t ( 151149 )
            There are lots of products that are for sale today, both online and at your brick and mortar stores, that do not have FDA approval. The only restriction, as far as I know, is that these products cannot utilize the FDA approved logo or imply that they they have such approval.
            • Of course. But they can't make claims of medical utility, or that they are cures or treatments for disease, without FDA approval.

            • by Shaitan ( 22585 )

              FDA approval isn't a requirement for FDA ban. That steak in the grocery store isn't FDA approved either but you bet your ass they can block its sale.

        • The FDA shuts down companies making medical claims for "supplements" all the time, the premise being that they are falsely advertising medical treatments. Or in the words of the original press release âoeillegally marketed as unapproved new drugsâ. The word illegally is the important bit. They get the phony diet and vitamin pushers on the same premise, the same thing prevents the sale of snake oil/patent medicine in many cases, when touted as cures for disease.

          • by mark-t ( 151149 )

            The thing here is that they don't actually outright *say* that their stuff will cure the disease, they only say that it *can* cure the disease, or has been recorded as being an effective treatment.

            The fact that the evidence to support their claims is purely anecdotal is irrelevant, it's not really an objectively provably false claim. Any more than it's possible to prove that god doesn't exist, for example.

        • Shut down how, exactly?

          Are you asking about the exact process and procedure? It's probably the same as enforcement of regulations by any federal agency. Like other federal departments, Health and Human Services has Administrative Law Judges, who can issue rulings regarding federal regulations. If a company ignores a ruling from an ALJ, it's probably treated the same as any other contempt of court.

        • by dcw3 ( 649211 )

          Most federal laws concerning the FDA are part of the Food, Drug and Cosmetic Act,[21] (first passed in 1938 and extensively amended since) and are codified in Title 21, Chapter 9 of the United States Code. Other significant laws enforced by the FDA include the Public Health Service Act, parts of the Controlled Substances Act, the Federal Anti-Tampering Act, as well as many others. In many cases these responsibilities are shared with other federal agencies

    • If I might point out, the companies that host their websites, ship their goods, pr publish advertising for them will care somewhat. This will make them liable for illegal behavior of their clients, especially if they are notified and fail to discard such clients.

    • If they are actually wanting to make such claims about their products, I highly doubt that they'd care what the FDA has to say.

      They'll start caring plenty quick when they get sued, if not by the FDA then by their victims or, preferably, both.

  • by Futurepower(R) ( 558542 ) on Monday February 11, 2019 @10:45PM (#58107716) Homepage
    This is the first story in many months about the U.S. government doing something sensible.
  • by fahrbot-bot ( 874524 ) on Monday February 11, 2019 @11:07PM (#58107792)

    Supplement makers announce pill to cure people of the desire to take supplements; FDA confused as to how to proceed.

  • by Babel-17 ( 1087541 ) on Monday February 11, 2019 @11:47PM (#58107870)
    That was from the linked NYT article and scared me! Fortunately it seems that that's in referral to the seizures from a couple of years ago. There were so many complaints from satisfied customers that the FDA relented. P.S. I'm not affiliated with any companies selling Kratom, nor do I have any financial interest in it.
  • by Babel-17 ( 1087541 ) on Monday February 11, 2019 @11:56PM (#58107886)
    Theanine is generally recognized to work as advertised, and to be reasonably safe at the recommended doses. It's in tea. Same deal with Kava Kava, it was the extraction from the wrong part of the wrong plants that affected a very few people. CBD oil is now legal, thus a supplement, and its grateful users would be livid if anyone tried to deny them its benefits. It's amazing how many herbal supplements are out there that have been taken for thousands of years for specific purposes that modern analysis now can confirm as being due to specific chemical components. Safe use has always been a consideration, and that along with the BS claims of some is where the FDA should focus.
    • by sjames ( 1099 ) on Tuesday February 12, 2019 @02:32AM (#58108234) Homepage Journal

      Exactly this. There are also a few supplements that contain exactly the same thing as pharmaceuticals that cost 1 or 2 orders of magnitude more. A good doctor will direct you to take the readily available OTC supplement instead.

      For example [diabetesincontrol.com], extended release Niacin. $10 over the counter vs $230 for the same damned thing as prescription Niaspan.

      It's no wonder that people legitimately wonder when the FDA rumbles about killing off suppliments.

      In many cases, it's fair enough that the FDA insists no medical claims be made, but in other cases, if doctors are actually recommending the stuff to treat specific medical conditions, is it really fair to insist that they not say so on the bottle?

      If any of the supplements don't contain what they claim or if they have harmful contaminants, by all means take action against the manufacturer. If it is something known to actually be dangerous, by all means require a warning or if it is REALLY dangerous, more extreme action. But for the latter, the determination must be reasonable. If it's not more harmful than things routinely sold OTC, leave it alone or just require the warning.

      • So far as I read it correctly the product with the same content are normally *generic* version of a trademarked one. What the summary is about are real crap supplement which have a lot of misleading claim. Not generic. Not the same thing. Supplement/homeopathy are a plague and should be heavily regulated as in "make clear and explicit they do nothing" rather than the skewed language they are using now.
        • by sjames ( 1099 )

          These are a bit of a new "innovation" from the pharmaceutical companies. The supplement was on the market FIRST. The pharmaceutical company does a bit of FDA ass kissing and gets granted a shiny new exclusive on a meaningless tweak and then tries to carefully market their new expensive prescription "drug" in a way to imply that it's not actually just a repackaging of the generally recognized as safe OTC supplement. The FDA knows about the scam, but because their asses were all suitably kissed actually endor

          • The difference between supplements and medication is that the former is not required to undergo clinical trials. Clinical trails are important because not only they prove that the medication actually works but they are also used to establish dosage recommendations. Dosage is very important because too little might not have any effect and too much might cause too many unwanted side-effects, The minimum-effective dose is what you want to give to patients, especially those intended for long-term use
            • by sjames ( 1099 )

              We already knew the dose and effectiveness. Doctors read the same paper as the pharmaceutical company). Considering that Niacin (vitimine B3) has been takes safely as an over the counter for longer than the FDA has existed, I can see no justification for trying to make it a prescription drug at 20 times the price. You've probably taken it yourself, possibly in the form of a Flintstone's chewable.

              Colchicine's effectiveness and dosing has been known since George Washingtin's time. However, it really does need

    • A lot of the claim about benefice of theanine are just that : claim. Not really well grounded scientifically. That is why while the FDA only recognize it as *generally safe* the EU do not allow any health claim and addition of theanine as supplement.

      A Natural Standard monograph that reviews current research on theanine reports that it is likely safe in doses of 200â"250 mg up to a maximum daily dose of 1,200 mg. Though some people use theanine for these purposes, Natural Standard rates the evidence to

    • not to work, or proven to work. Do you know what they call Natural Medicine that has been proven to work? Medicine [youtube.com]
  • simple... (Score:5, Interesting)

    by Tom ( 822 ) on Tuesday February 12, 2019 @12:45AM (#58107960) Homepage Journal

    You could just make it illegal to scam people, you know?

    As in lying about the properties of your product, claiming things that you have no evidence are true, and advertising features or advantages your product does not actually have.

    But you guys dug yourself a deep grave the day some idiots in robes decided that corporations are people and thus the first amendment applies to them and now they can spread whatever lies they want and say "free speech".

    The simple rule "advertisement must be truthful" would kill all this bullshit instantly. But I guess free speech for profit-based legal entities is more important than not scamming people.

    • You could just make it illegal to scam people, you know?

      Wow, talk about an effective ad blocker....

    • by mjwx ( 966435 )
      I'll preface this with the fact I live in the UK, so it's largely illegal to make false claims in advertisements.

      You could just make it illegal to scam people, you know?

      Is that not already illegal in your country? I thought it was. The problem you've got is that where does a scam stop and stupidity begin. It's not quite that black and white. Whilst obvious scams should be stopped, at some point you've got to give up and admit that ultimately we can't protect a truly dedicated idiot from themselves. Here in the UK we have education campaigns and monthly articles

    • by Shotgun ( 30919 )

      You could just make it illegal to scam people, you know?

      I advertise that I have the BEST car. Or the BEST lasagna. How many ways can a scammer wiggle out of that when we all know what they're selling is complete garbage?

    • Learn some history. The "corporations are (like) people (before the law)" came from a corporation trying to evade paying for goods it had received, arguing that corporations don't have to pay because they don't have the financial responsibility that people have. The court said "Yes they do. Pay up." The initial corporations-are-like-people decision was to the disadvantage of the corporation and rightly so.

      Free speech is for everyone, and limiting it by the sort of people involved is very dangerous.

      "Profit-b

  • by mveloso ( 325617 ) on Tuesday February 12, 2019 @01:13AM (#58108024)

    The FDA has somewhat strict labeling guidelines for supplement makers, in that they're not supposed to say that the supplement cures a specific disease or condition. "Label" extends to websites and advertisements as well.

    That said, the FDA doesn't actively scan the world for structure/function claim violations. Even then, it's unclear what authority the FDA has when it comes to actually prosecuting structure/function claim violations.

    You would think that those would fall under the FTC, not the FDA, since structure/function claims really are more false advertising.

    FYI, the downside to structure/function claims is that there's apparently no process or criteria for showing that your structure/function claim is actually valid. The FDA will back down if you register your claim, though, which is more confusing.

  • I'm going to scream bloody murder if this turns into some sort of referendum from the entire pharma-industrial complex to destroy ALL dietary supplements all the way down to garden-variety vitamin and mineral supplements. The pharmaceutical industry has wanted to make all the above 'prescription only' for decades and decades now, and everyone would suffer if that happened. Do you really want to have to get a prescription for a simple one-a-day multivitamin?
    • I'm going to scream bloody murder if this turns into some sort of referendum from the entire pharma-industrial complex to destroy ALL dietary supplements all the way down to garden-variety vitamin and mineral supplements.

      Yes, you should require a prescription for "garden-variety vitamins".

      Not because it's dangerous, but because it's useless. It would save a lot of people a lot of money.

      Most people have zero deficit in vitamins. A certain, very specific amount of vitamins is needed for the body to function. Excess is either leaving through urine (harmless like vitamin C), or gets accumulated in fat (which can get dangerous if you take too much of it). No serious study (i.e. placebo controlled) has ever shown that taking more

      • "PS: not an expert in any way." I'm really trying to not be insulting here, but: no, you're clearly not. Vitamin and mineral supplements are not 'useless'. True, excess of water-soluble essential nutrients are washed out with your urine, but also understand that the so-called 'recommended daily allowances' are survival levels, not optimal levels, and on top of that are aimed at the average adult, who is more or less sedentary, not anyone who is regularly physically active, or like me and many people I know,
  • by ledow ( 319597 )

    Welcome to the 21st Century.

    In most civilised countries, it's always been illegal to suggest you cure something when you have absolutely no proof of that, and even if you have proof, medical claims have to be backed up by studies, not your spurious claim made on the basis on one participant.

    The best our supplement adverts have ever been able to say is things like "Helps support natural bone growth" (i.e. it doesn't make your bones snap in two, so it must be good). Same for any kind of faith healing nonsens

  • Not a good track record at this point, pot-bitching-at-kettle.

  • That are nothing more then an easy out for healthy eating. Various vitamins can be consumed just by eating properly. Then studies are out there that these vitamins are needed in a certain quantity. I will stick by trying to eat properly, especially when it comes to vegetables.

    Example, I live in Cleveland. We defiantly do not get enough sun. So, supplements of Vitamin D(pill) are suggested.

    Myself, I have read a number of studies(including goverment) promoting the use of Garlic. Raw garlic, from ev

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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