Disastrous Durbin Anti-Supplement Amendment Just Offered! Help Stop it.

May 23, 2012
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DurbinThe Food and Drug Administration Safety and Innovation Act (S.3187) is a bill that is considered “must-pass” legislation and without notice, Senators Dick Durbin and Richard Blumenthal offered their anti-supplement amendment (No. 2127) to the bill. Their amendment creates duplicative, unnecessary, and unexpected new regulations while upending current law and the regulatory process.

As you know, Sen. Durbin has engaged in this sort of dirty-trick legislative process before in an attempt to regulate away your supplements. The amendment will:

Circumvent the FDA’s New Dietary Ingredient Industry Guidance. FDA and the dietary supplement industry are currently engaged in conversations regarding implementing a new dietary ingredient notification process. The Durbin amendment creates an entirely new law that would require new FDA regulations, likely erasing nearly two decades of DSHEA’s positive influence in favor of Durbin’s knee-jerk approach to governing.

Require that a “facility engaged in the manufacturing processing, packing, or holding” of dietary supplements to register with the FDA. Title III of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 already requires supplement facility registration! Extra regulation drives up costs of supplements.

Hurt businesses and the economy with burdensome and unexpected new regulations. Supplement manufacturers have thirty days to register their products after marketing or face charges of misbranding. Given that there are thousands of products currently in the market, these regulations will force significant numbers of products off the market as industry adjusts to the new regulations, costing the industry significant revenue, and causing the loss of American jobs. Most importantly, this amendment would drastically limit you access to supplements as companies would likely remove their products from store shelves in order to meet Durbin’s thirty-day deadline.

Contact your senators IMMEDIATELY and tell them to OPPOSE the Durbin and Blumenthal amendment no. 2127 to the FDA Safety and Innovation Act (S.3187).

Update 5/25/12: The Durbin Amendment has been defeated. Please continue to use our action link to send messages to your Senators expressing your support for unfettered access to safe, natural products.


314 Responses to “Disastrous Durbin Anti-Supplement Amendment Just Offered! Help Stop it.”

  1. gkensington says:

    The Durbin Amendment http://bit.ly/Yr93WU


  2. Nathan Hess says:

    Honestly, I would really like to see the facts stated. How many deaths and Health problems are caused by Big Pharma Dr prescribed drugs vs Dietary Supplements. Is Big Pharma really any better than our dietary supp manufactures? I believe thats the issue hear is money and jealousy. The greed of our government wants to tap in to the millions in profits the supp companies make by taking control over our low cost dietary supps. They wanna take Oxy Elite (which really works for weight loss) off the market. However,they want to start prescribing a new fat burner to the obese population with a side effects list a mile long. This choice should be left up t the people. This is suppose to be a free country but its seems the only freedom we have is to choose what the government offers us. Every day that goes by our government puts there noses where they dont belong. Letting governent make our choices is not the way to go.


  3. Lisa Michelle Foster says:

    I agree with so many statements above. DO NOT do this. Absolutely ridiculous.

    Lisa M. Foster
    Nebraska @ present.


  4. B. Squiers says:

    Wow don’t you think his time would be better spent on something like economic recovery. What is wrong with this picture? Once this country is back on its feet and humming along then worry about these type of issues. Until then stay focused on improving our economy.


  5. elvin says:

    u must be getting a big check from the fda to keep pushing the bil


  6. Joe Blow says:

    “The FTC also forces you to sign a “consent decree” which involves you admitting to committing crimes that you have actually never committed. These crimes include the “criminal misrepresentation of a product” by, for example, explaining that walnuts help support healthy cholesterol levels or that cherries ease symptoms of inflammation.”

    This kind of language is just barring criminal acts, not censoring freedoms. People (GNC) are crying over the fact that they don’t want anything supplement and supplement related to be “REGULATED” because they know they are constantly falsely advertised by the companies making them. How about this, stop falsely advertising the effects that these basic CHEMICALS (supplements) have on people. It’s mostly placebo effect, so in effect.


    • No Nanny says:

      “It’s mostly placebo effect…” Hmm… sounds like a disgruntled MD. Are you afraid there will be fewer victims on the meds treadmill, and your $$$ annuity from writing quick scripts will be diminished? Keep your paws off my “placebos”. If they are so much of a placebo, then why are you so worried about regulating them? It shouldn’t concern you at all. What’s next banning pet rocks, and good luck charms? Get a life!


  7. Analyst says:

    Regulating a market is not the same as taking away a market. This is a call for registration, not removal. At present numerous supplementary products are not required to be registered with any US administration. This makes tracking both the claims of products and the products themselves difficult.

    No products will be “taken away”, they will only be required to register with the FDA. Some companies may fail to register their products, but given a thirty day grace period they have no excuse not to. Nor do I understand why registration is so adamantly fought. We register human beings with the government in the manner of birth certificates and social security numbers, why not register supplements? Ad-hominems about communism needn’t be committed.


  8. wally says:

    Worry about cigarettes and booze instead of dietary supplements.


    • AnneOnymous says:

      Forget about those as well, it’s freedoms no matter how you look at it and concentrating on cigarettes and booze is just as unconstitutional as the vitamin issue, in short. The g’ment should get out of state issues. You don’t want to smoke cigarettes, vote on it in your state, don’t applaud the feds as they ride into town to save the day, it over inflates their egos then they begin to anticipate what else the people should be protected from.. You allow one freedom to sink, your opening the flood wall for the rest to follow. Complain at all points whether you personally agree or not, it’s the only weapon we have so when you say, get rid of cigarettes or booze or ice cream trucks but leave vitamins alone, it only enforces them to come back because at one time you said no to the cigarettes and the booze and the ice cream trucks but soon changed your mind and said ‘yes’ giving them the belief that ‘no’ isn’t final.


    • Seanzilla says:

      I’m not certain that I fully agree with this proposed legislation, however, I am CERTAINLY concerned for the safety of anything a consumer takes. We must concede that dietary supplements should never be endorsed with the blanket ideology that it can’t hurt you. There is plenty of evidence that certain manufacturers have blatantly used materials (whether organic, herbal, natural, or otherwise) that have been taken off the market due to a variety of reasons, and rightly so. Conjecture and prejudice of increased prices and job loss, appear to be fuel for those who are in bound opposition to any form of regulation. This prompts the idea that they (personally and financially) have more to lose than to gain my this legislation. I am not an advocate of BigPharma, but as a provider, believe there needs to be proof of safety and efficacy in everything we consume. The ideology that “these food-like substances necessarily have milder effects, making them safer to use than drugs. The term “natural” on labels is not well defined and is sometimes used ambiguously to imply unsubstantiated benefits or safety. For example, many weight-loss products claim to be “natural” or “herbal” but this doesn’t necessarily make them safe. Their ingredients may interact with drugs or may be dangerous for people with certain medical conditions.” [http://www.fda.gov/Food/DietarySupplements/ConsumerInformation/ucm110567.htm] Having had the experience in the clinical setting of seeing how wrong and uneducated choices are often made, gives me a great deal of concern for what patients will consume. There HAS to be a happy medium somewhere.


      • No Nanny says:

        I believe there is a problem with the collective messaging from doctors, researchers and especially those citing the research and its supposed conclusions and implications. For example, many MDs have an embarassing dearth of nutritional education. Something as fundamentally important to health as food!!! Never mind nutritional supplements!

        On one hand we hear all about “placebo effects” and inefficacy, then on the other we hear vitreolic attacks of how “powerful” these supplements are in their effects to interfere with other medicines. Well which is it? Powerful or useless? With such contradictions one can surely understand why most folks are suspicious of the villainization of supplements.

        With such highly educated people one would expect that this community can put together a more convincing and cogent argument, but instead we hear contradiction and emotional knee jerk generalizations on how wasteful and dangerous these supplements are.


  9. Sam V says:

    These big gov’t Dem’s will never be satisfied, it’s amazing. The arrogance that they “know better”, and push to regulate every single aspect of business, and our lives, is a major reason we need to make a change come November. This latest Amendment against supplements is just another example of a too-big gov’t sticking their nose where it’s not welcome or needed.


    • AnneOnymous says:

      Agreed, and in my opinion every frog who’s been in a particular office longer than one term should be forced to give up that position unless their record indicates that they have been working for the people and have done a good job in being our representative.. The rest, that is the toads, should be ousted after their first term (if it reveals lack of cooperation) not voted out but GET out and let someone else prove their worth. these two rodeo clowns are pathetic, seems every three months or so they bring up the same crap that was rejected the times before. Whether it be Dem or Pub, slackers like this should not be tolerated especially from their own ilk. If I were in politics and punks like this were around, I’d feel ashamed and get rid of them before they made us all look bad but i guess they don’t have the backbone and don’t really care what the public feels about any of them.. Pathetic.


    • Eyeon says:

      This isn’t a move from big gov’t Democrats — this is a move from the kind of massive, power and money hungry corporations (read Fat Pharma) that present day Republicans support more in terms of philosophy but that both parties support in reality. Follow the money: whether it’s shutting down access to supplements, corrupting the FDA, or robbing us all to fatten up bankers again, members of either party can and are bought for certain jobs — and members of either party can oppose such intrusions.

      Look at the ’small’ governments of Reagan and Bush (ha!), and the Republican efforts to have video cameras in people’s bedrooms to monitor their behavior. The anti-health-freedom movement isn’t a matter of ideology, it’s a matter of greed. It doesn’t come from either party — members of either party can be enlisted to push corporate interests over our well-being.
      Usually it sneaks in under safety concerns, but various labels will do. McCain was on the same bandwagon not long ago.
      Until we realize that we’re being churned as sometimes Dems, sometimes Repubs are used, there won’t be effective enough unity to protect our rights.


    • Dot says:

      So sad these guys are so hungry for more money and more power they could care less about “choices and independence” they just want control so pitiful their lives must be; I honestly feel sorry for them makes to pray for them more and more.


    • Jay says:

      While I am not for any politician pushing for regulation based on scientific nature when they themselves have absolutely no background or understanding in the field I am surprised that you bring up that he’s a Dem and clearly must mean the party wants a giant government and be completely obtrusive in everyday life. Yet you don’t seem angry about republicans ruling the country by the bible….or their intrusion into the female reproductive system….or their intrusion into private citizens sexlives and partnerships….or their promotion of de-regulation of the financial industry so they can repeat what got us into this mess….the continued push to stop all taxation and regulation of business saying it will create jobs when all studies correlating job growth and corporate tax breaks/deregulation show profit increases for companies, but decreased jobs, pay, and benefits….i clearly could go on and on. I am not a particular fan of either “party” but kills me that people just like to point and blame everything on one party when we have a whole pile of political failures from both parties running the country.


  10. Michael D. Kull, Ph.D. says:

    I’m strongly in favor or a more informed public, but government regulation that serves to restrict freedoms in the interest of public health takes us in the wrong direction. The opposite of freedom is not slavery, but safety and security. Sure, it’s a balance, but in this country we strive to err on the side of liberty. What we all agreed upon at the outset.


  11. Paul Thompson says:

    The type of action taken by Senator Durbin is typical of a senator who wants to appear as a defender of the general public and commerce, yet woefully cripples us with ever more burgeoning legislation. Here is the one place where the adage “if it ain’t broken, don’t fix it” applies!
    His panties are apparently in a bunch again….PLEASE fix it Sen. Durbin and leave we the people the hell alone! We already have legislation in place for this.


  12. Ginny Jolly says:

    Food is Medicine or can be poisonous. Will the Government try and control that ???

    With the proper Supplements, we have been able to keep the Pharmacutecal pushed medicines and Doctors endorssed chemicals out of our bodies. Results, No side effects and Great energy levels.

    When we have Grave issues like crumbling Ecconomy, Jobs being lost, Housing Sector melting, Crime on the rise, … We have to ignore these and work about limiting peoples Choices for their GOOD HEALTH ???????

    Give us a BREAK !!!!


  13. Rick says:

    Though I understand that many are frustrated about the supplement issue, there are some false statements being thrown out about Senator Durbin’s intentions, actually if all of you knew the guy you could see that he tries to be proactive and does care about the country. I see where people who want their supplement manufacture’s to be left alone can feel irritated, but there are shady tactics involved with some of the supplement manufactures claims, just take the time and watch the unbiased documentary Bigger,Faster, Stronger. Nobody is saying don’t take care of mind and body.


    • HERBALIST says:



    • RyanA says:

      Well if that’s the case, then he should be working to change the honesty in labeling and claims policies, not by restricting our ability to purchase supplements as a whole. There are a great many companies who ARE honest and whose products do what they claim so this approach is BS. This is just another attempt to keep Americans unhealthy and unable to do anything about it ourselves, rendering us helpless and dependent on the ever-growing medical/pharmaceutical industries which are their money making machines. Think about it.


  14. Dr. Benjamin Rush, back in those years, said of the newly forming Bill Of Rights that:.”…there should be included the right for the individual to choose health care or in future some monolithic power will emerge and eliminate any such right”. You, reader, may know the precise words used, I can only paraphrase.
    The power we see in the triumvirate of the FDA-Big Pharma-AMA is far and away more than Dr. Rush could have predicted. Big Pharma to embellish their $260Billion as traded on Wall Street, will do its all to quash this adversary our access to Supplements. Is it really their interest altruistically in our health? Their own processes are responsible for deaths by use of medicines manufactured in their labs. This First World country which is at 50 in the global survey of all countrires’ “long life and over-all health” would tell us their system of laboratory concocted chemicals are the sole answer to good health. We are balking at paying for their product, they are more powerful than us: we must go.


  15. Jeffrey Stewart says:

    I strongly oppose the durbin amendment. It’s just dumb politicians trying to take away jobs as usual from the hard working citizens. Plus senator durbin has his own personal agenda to get rich for himself


    • dr says:

      I hope it does get passed… less deaths and harm caused by carelessness in the industry.


  16. Marion D. Morgan says:

    I am getting fed up with the government regulating just about everything in sight. I want to decide if I want a product expecially one produced in the United States of America. Remember, we have a ECONOMY problem in this country and a jobs problem as well. But the huge problem would be if your proposed act is passed I will have but another freedom taken away. Last time I looked I am a citizen of a free country, the USA. Oops! Maybe it is not free any more.

    Stop the insanity now.


  17. Please do not infringe anymore on our rights. The more you impose on us as Americans and regulate, the bigger the government will be for your grandchildren in the future. Please reconsider, I take my vitamins and supplements and they definitely make a difference. Our food is already depleted through our soil and processing, not to mention delivery time. We need our supplements.


  18. dtj says:

    leave my hemo rage and jack3d alone!!


  19. derek marlowe says:

    Typical big government over-regulation and nanny state thinking. Dont vote for these kind (Obama).


  20. TrueAmerician says:

    The government wants people to be sick and this is another attempt to stop Americans from hopefully waking up to the FDA and the garbage they happily let us eat and drink.


  21. [email protected] says:

    How about the government officials work on jobs and our economy instead of attempting to take away our supplements because big pharma is afraid too much money is being spent on supplements instead of their drugs which keep us sick.

    These traitors in our government do not have control over what I choose to put in my body no matter what they may think. Get off the power trip and mind your own damn business.

    How about closing our borders? How about stopping all he abuse of taxpayer monies? Instead, these fools think their time is better spent regulating supplements? Really? You’re all a bunch of human predators and will answer for the abuses you have heaped onto humanity for your own selfish gains.


  22. K. L. Graham says:

    Regarding those who are in political office and who push for these kinds of legislation, would it be stretch for anyone to think that it may just be that, , big pharma has their hands up the butts of these puppets and that they’re saying just what big pharma wants them to say?


  23. jc says:

    Just wonder how much FDA pay you Mr.Durbin


  24. Heather says:

    This new attempt and many other attempts that politician keep trying to add to and change to the existing laws is only distroying us as a nation with each one changed. They bombard us at the grocery stores with our familys can you help this & that ballot all you need is to sign, yah Literally sign away yoyur rights ! These senators and politians are trying to completely change the whole meaning behind Freedom ! Domocracy ! really what will they try to make worse next ? They have done ENOUGH…. with the nations signatures.

    Thank you for letting me rant :)


  25. P Wagner says:

    I normally vote for Democrats in Congressional races and at a state level, though I often vote for 3rd party candidates like Ralph Nader in national contests. But if the Dems keep insisting on trying to curtail nutritional supplements in favor of their friends in Big Medicine and Big Pharma, I’m going to bail completely and make it a regular policy to ALWAYS vote against them in EVERY race. This is the equivalent of my “single issue voter” motivator for life. Without nutritional supplements of my choosing, I would be in such bad shape I could not work or function by now. Doctors and pharmaceutical drugs do nothing but make me and most people worse. This was the one big problem I always had with my late friend, Paul Wellstone. The Democrats have to tread cautiously on this issue or they will lose MANY of us on the Left who are normally part of their base.


  26. John says:

    Big government = no more substances for American people is what it sound like. Isn’t obesity still a hot topic amongst politicians, let alone the American public? Without the use of dietary substances to use as prevention items, the problem might as well continue to grow. Why waste time and money on a cause like this when there are obviously greater problems at hand domestically and abroad for our country and supplement use is not one of them.


    • Sarah says:

      The pharacutical companies, amongst other Big Buisinesses, ARE the government. They put their people into political offices and pay off people in political offices to change the laws in their favor. Therefore this is not a waste of time and money for them. If they take away the peoples rights to manage their own health using herbs and supliments, they force the people to be dependant on pharmacutical companies. It is a way of controlling the people, making them dependant and helpless to be preyed upon by greedy corporations. They are not concerned about the problems of the people here or abroad, except for the problem of how to put more wealth in their already overflowing pockets.


  27. Susan Scott says:

    Time and money would be better spent on getting mercury out of our mouths, but the FDA, who is suppose to protect us, covers this up with the ADA.
    We need supplementation just to stay even with all the toxins that are allowed in our food, water, and soil.
    Help in preventing the diseases we will get from all the toxins, is much more needed than regulation of supplements.
    Help us keep the right to choose what we think is best for out health, and not regulated once again by the FDA who seems to be on the side of killing us. After deaths, from a drug the FDA approves, it is removed from the market.
    Thank you for your time and keep America with the freedom to choose!!!!!


  28. D Naglosky says:

    If Congress would spend as much time and energy on solving America’s real problems as they do on trying to regulate every aspect of our lives, this country and its citizens would be so much better off!


  29. Anne says:

    Greed, greed, greed, greed, greed, greed. The pie is always big enough for everyone to have some, providing that the big fat bullys don’t take it all, first. You government hacks and Corporate theives are the ones making the pie smaller and smaller. If this continues, One Bully will have the whole pie, and even those who thought they were on top won’t even get any. Why? Because the way you are all playing the game, eventually, everyone loses. Competitinon is healthy, Greed is NOT! Somewhere along the line you all will have to stop throwing the little guys under the bus and realize that as long as no one is being harmed, everyone is welcome to the table. Please stop this never-ending assault on our freedoms, Don’t forget, you have relatives that have to live in this world, too and you are harming them, and eventually yourselves, as well. We should have stopped you guys when you started making car insurance mandatory and conducting sobriety checkpoints.


  30. K Harcarik says:

    What is happening to freeom of choice in America?

    Every day we seem to loose another freedom.


  31. alexandria williams says:

    Stop being against organic and vitamins! We don’t want to live on pills every day that were never truly meant for our bodies and harm us. . The burden of new these harsher regulations with the outrageous penalties is directly against our health.


  32. TR says:

    I stay in Canada 6 months out of the year. They have different rules that limit the products they can sell. ITS TERRIBLE. Literally the best protein supplements are simply not available there. I really appreciate coming back to the US where we can purchase the best products made. Adding legal process that could stop this or add price is unacceptable.


  33. Ezekiel says:

    Don’t take away my source nutrition! I’m vegan and I need supplements in order to stay healthy! It’s my right to stay healthy and no one can take that away from me! Stop trying to take the right away from people who care about their health and great lifestyle!


  34. Heather says:

    Seriously!! Another Senator/politician trying to tell us how to live our own lives-?? This is offensive to our freedom ! If we let people like this tell us how to live then what is next? It all has to do with how money hungry these people like Durbin are and they are being played by the drug companies and don’t even realize it because they want to get rich!! Sick!!! Leave us all alone to decide how we want to live our lives—-being healthy!!!


  35. Lee Ann says:

    I have taken alternative medicine for years. MSM (Organic Sulfur) has literally kept me in remission with my Crohn’s disease for the past 20 plus years. I feel it’s just another bureaucratic measure to control our lives. I am NOT for the anti-supplement amendment.


  36. allen bender says:

    We have the right to take care of our bodies. Stop trying to control what we do to ourselves.


  37. Rick Schildgen says:

    Why not worry about big macs and whoppers? Why not regulate “Extra Value Meals” those are real health concerns… Obesity has reached epidemic levels and your worried about dietary supplements???? Stop wasting our hard earned money on your own personal agendas… Gas tax, Ammunition tax; now what a Supplement tax?


  38. Kriss Ralston says:

    I highly OPPOSE the Durbin and Blumenthal amendment no. 2127 to the FDA Safety and Innovation Act (S.3187). I wish he would find something real to work on!


  39. Denise Hasson says:

    These politicians should find something better to do with their time! The American economy is suffering enough as it is!


  40. drspin98 says:

    Don’t take away our supplements-99% of which dont do a damn thing!


  41. Gerald Kantin says:

    Just leave this part of our life alone. Isn’t it enough that you and your party are trying to force
    Obama care down our throats, but now you want to take away the method that many of us
    use to stay healty. Doctors only prescribe pills for the symtoms and do not go after the cause
    of our problems.

    If you are into socialism, then the Scandinavian countries will better suit you way of thinking. And since the tax rates on individuals approach 50%, it should feel like nirvana to you.

    Gerald Kantin
    Carson City, NV


  42. Brenda Nightingale says:

    America needs Dietary supplement and no one should be able to take them away from us,that would NOT be the AMERICAN way. Thank-you


  43. Jude says:

    Don’t these politicians have anything better to do with their time like reduce government spending/deficits, stopping wars, etc. Unbelievable!


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