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FDA Product Seizure Raises Question of Bias
A Healthnotes
Newswire Opinion
By Alan R. Gaby,
MD
Healthnotes
Newswire (November 21, 2002)The U.S. Food and Drug Administration
(FDA) recently ordered the seizure of a dietary supplement that
the agency said was falsely being claimed to be beneficial for people
with autism. U.S. marshals raided an Oregon company and removed
hundreds of bottles of taurine, an amino acid that occurs naturally
in the body and in many foods. According to the FDA, the product
was seized because its labeling violated the Federal Food, Drug,
and Cosmetic Act, which requires that all dietary supplement
products labeling must be truthful and not misleading and
may not make any claims that the product will cure, mitigate, treat,
or prevent disease. The claim that the product can be used
to treat autism resulted in the FDA classifying it as a misbranded
food and an unapproved new drug.
While protecting
the public from false and misleading claims is a worthwhile goal
for a government agency, the recent FDA action heightens a long-standing
concern that current law, or the FDAs interpretation of the
law, is biased against natural substances that cant be patented.
There is some
reason to believe that taurine may be beneficial for people with
autism, although the evidence is largely theoretical and not particularly
strong. One might debate whether it is appropriate for a manufacturer
to promote taurine for autism. However, the strength of the scientific
evidence is somewhat beside the point, when one considers the FDAs
history with respect to nutritional supplements. In the past, even
health claims that were strongly supported by research have resulted
in products being pulled from the shelves. That is because, with
a few exceptions (such as calcium for osteoporosis prevention, or
folic acid for preventing birth defects), supplement manufacturers
are not allowed to tell people what diseases their products can
be used for, no matter how strong the evidence.
In the case
of taurine, controlled studies have shown that it can improve heart
function in people with congestive heart failure. Other research
suggests that this amino acid may help prevent complications of
diabetes, reduce seizure activity in people with epilepsy, and slow
the progression of visual loss in individuals with macular degeneration.
But companies that sell this amino acid are not allowed to tell
potential customers about the research. This restriction of the
free flow of information keeps the public (and many medical practitioners)
in the dark about safe and effective alternatives to prescription
drugs.
In addition,
the FDAs enforcement policies appear to favor the pharmaceutical
industry over producers of natural substances. During the past several
years, there have been numerous instances in which the agency cited
drug companies for misleading advertising. However, none of the
medicines in question were removed from the market. Moreover, the
punishment was typically limited to a cease-and-desist
order, often coming after the public had already gotten the
message from an intensive advertising campaign. The FDA should
have expressed its dissatisfaction with the taurine distributor
in a similar manner.
Alan R. Gaby,
MD, an expert in nutritional therapies, testified to the White House
Commission on CAM upon request in December 2001. Dr. Gaby served
as a member of the Ad-Hoc Advisory Panel of the National Institutes
of Health Office of Alternative Medicine. He is the author of Preventing
and Reversing Osteoporosis (Prima, 1994), and co-author of The Natural
Pharmacy, 2nd Edition (Healthnotes, Prima, 1999), the AZ Guide
to Drug-Herb-Vitamin Interactions (Healthnotes, Prima, 1999), Clinical
Essentials Volume 1 and 2 (Healthnotes, 2000), and The Patients
Book of Natural Healing (Prima, 1999). A former professor at Bastyr
University of Natural Health Sciences, in Kenmore, WA, where he
served as the Endowed Professor of Nutrition, Dr. Gaby is the Chief
Medical Editor for Healthnotes, Inc.
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2002 Healthnotes, Inc. All rights reserved. Republication or redistribution
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