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To: Beth Yetley, FDA c/o Nancy Crane, FDA
Re: Comment on FDA Draft Proposal to Codex CCNFSDU on
Dietary Supplements
Dear Dr.Yetley:
Re FDA proposed language: item 5.9, which states: "We
recommend the following revision: 'All labels should bear a
statement that a supplement should be taken on an advice of
a nutritionist, a dietician, or a medical doctor"
Dr.Yetley: When is the FDA going to STOP attempting to
medicalize safe dietary supplements which are regulated in
the USA as FOODS?
You have no legal mandate to attempt to go beyond the
firm dictates of US law when you are at Codex meetings in
Germany. FDA has lost on first amendment grounds in the
Pearson decision, and when FDA refused to obey the court's
decision, FDA was sued again and lost. FDA has no choice
but to allow health claims to be put on labels pertaining
to folic acid and the prevention of neural tube defects and
other similar matters.
This is as it should be, not only in the USA, but
throughout the world. Consumers have a RIGHT to learn about
the beneficial health properties of dietary supplements on
the label, at the point of sale. By putting the above
language on the label (that supplements should be taken on
the advice of a nutritionist, dietician, or an MD) you are
attempting to violate the spirit of DSHEA in an
international forum, and you have no legal right to do
that. You are attempting to waste valuable space on the
label that can be put to better use directly informing
consumers regarding the beneficial properties of these safe
food substances, you are attempting to medicalize dietary
supplements, and you are attempting to go through CODEX to
make an end run around US domestic laws by attempting to
set us up for harmonization to restrictive international
standards.
I therefor INSIST that you STRIKE the above proposed
revision in item 5.9 and replace it with the following
language instead: "item 5.9 we recommend the following
revision "All labels should bear scientific structure
function health claims similar to those provided for under
the American Dietary Supplement Health and Education Act of
1994 to directly assist consumers in making positive health
decisions for themselves and their families at the point of
sale while reading the label on the product. The USA again
reiterates its desire that all attempts to continue
creating an international standard for vitamins and
minerals cease at Codex and that this matter is best left
up to national authorities to decide."
Dr.Yetley: I remind you, and Congress, that you lost the
Pearson court decision, and when you attempted to ignore
the Judge, you were sued and lost again on this issue. Do
not attempt to get around US law when you are in Germany
representing the USA at Codex meetings. You have no legal
right to make the statement in item 5.9 'All labels should
bear a statement that a supplement should be taken on an
advice of a nutritionist, a dietician, or a medical
doctor"
I INSIST that you replace that language with "All labels
should bear scientific structure function health claims
similar to those provided for under the American Dietary
Supplement Health and Education Act of 1994 to directly
assist consumers in making positive health decisions for
themselves and their families at the point of sale while
reading the label on the product. The USA again reiterates
its desire that all attempts to continue creating an
international standard for vitamins and minerals cease at
Codex and that this matter is best left up to national
authorities to decide."
I am copying this letter to you to my Senators and
Congressmen and am asking them to oppose all efforts to
erode US sovereignty via FTAA. The last thing we need in
this hemisphere is a version of the EU dictatorship given
the way the EU is attempting to ban consumer access to
dietary supplements. See Pearson v Thomson http://www.emord.com.
Sincerely,
[Your Name and Address]
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