ASSEMBLY CONCURRENT RESOLUTION NO 235 STATE OF NEW JERSEY

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ACR235

ASSEMBLY CONCURRENT RESOLUTION No. 235

ASSEMBLY CONCURRENT RESOLUTION NO 235 STATE OF NEW JERSEY

STATE OF NEW JERSEY

216th LEGISLATURE

ASSEMBLY CONCURRENT RESOLUTION NO 235 STATE OF NEW JERSEY

INTRODUCED JUNE 4, 2015



Sponsored by:

Assemblyman HERB CONAWAY, JR.

District 7 (Burlington)





SYNOPSIS

Urges U.S. Congress and President to establish increased federal regulatory oversight over dietary supplements.


CURRENT VERSION OF TEXT

As introduced.

ASSEMBLY CONCURRENT RESOLUTION NO 235 STATE OF NEW JERSEY

A Concurrent Resolution urging U.S. Congress and President to establish increased federal regulatory oversight over dietary supplements.


Whereas, According to the 2007 National Health Interview Survey, the number of people taking at least one dietary supplement has steadily increased since the 1970s, and now includes over one-half of all adults living in the United States; and

Whereas, Dietary supplements include vitamins, minerals, herbs, botanicals, amino acids, and substances such as enzymes, organ tissues, glandulars, and metabolites; the most common supplements are multivitamins, calcium, fish oil, folic acid, glucosamine, Echinacea, flaxseed, and ginseng; and

Whereas, Although dietary supplements cannot be sold or advertized as a treatment, prevention, or cure for a specific disease or condition, manufacturers may make health claims, nutrient content claims, and claims about the way the product will affect the structure or function of the body; and

Whereas, There is established scientific evidence of the health and nutritional benefits of many supplements; however, further study is needed to determine the effects that many other supplements may have on the human body. Most supplements have not been evaluated for use by pregnant women, nursing mothers, and children; and

Whereas, Although many dietary supplements are described as “natural,” products derived from natural sources may nevertheless cause harmful effects; and

Whereas, Some dietary supplements may cause unexpected and undesirable side effects when taken in combination with other supplements or medications or when they raise the amount of a nutrient in the body to toxic levels; these side effects can include excessive or internal bleeding, liver damage, decreased bone strength, decreased effectiveness of prescribed medications, birth defects, and complications during surgery; and

Whereas, Enacted in 1994, the Dietary Supplement Health and Education Act (DSHEA) established a new regulatory framework for dietary supplements, which were formerly regulated in the same manner as other foods; and

Whereas, Under DSHEA, dietary supplement manufacturers are responsible for determining that their products are safe and that any representations or claims about the products are not false or misleading; and

Whereas, There is no requirement for manufacturers to disclose to the United States Food and Drug Administration (FDA) or to consumers information about the safety or purported benefits of dietary supplements, making it difficult for consumers to independently evaluate a given product; and

Whereas, Except in the case of “new dietary ingredients,” which are reviewed by the FDA for safety but not for effectiveness, dietary supplements do not require review or approval before they may be placed on the market. The FDA must demonstrate that a supplement is unsafe or adulterated, or that claims about it are false and misleading, before it may take actions to restrict use of the product or require its removal from the marketplace; and

Whereas, In 2007, the FDA promulgated certain good manufacturing standards to ensure the identity, purity, strength, and composition of dietary supplement products. However, FDA spot checks of manufacturers found that seven out of 10 were not compliant with basic manufacturing practices; and

Whereas, Several independent organizations offer quality testing and allow their seals of approval to appear on products that meet their manufacturing standards; however, these seals of approval do not guarantee a product is safe or effective; and

Whereas, The Federal Trade Commission, which requires that all advertisements for dietary supplements be truthful and not misleading has identified numerous instances where supplements were falsely advertised as an alternative to a prescription medication or marketed using “too good to be true” statements concerning their effectiveness; and

Whereas, Notwithstanding labeling requirements, it is possible for a dietary supplement to contain ingredients that are different from or additional to those listed on the packaging. Analyses have found some supplements did not contain the correct plant species, consisted of ingredients in different quantities than indicated, or were contaminated with other herbs, pesticides, metals, or prescription medications; and

Whereas, Independent studies have found that a high proportion of store-brand herbal supplements contain none of the herbs listed on the label, and in some the only plant material found was in the form of contaminants; and

Whereas, Inaccurate labeling and contaminated products have been particularly prevalent in dietary supplements marketed for weight loss, sexual health, athletic performance, and bodybuilding, and have led to reported incidences of stroke or heart attack; and

Whereas, To help ensure the effectiveness, quality, and accurate marketing of dietary supplements, and to help protect the health of people who use them, it is appropriate for the federal government to establish enhanced regulatory oversight over these products; now, therefore,


Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):


1. The New Jersey Legislature respectfully urges the Congress and the President of the United States to establish enhanced federal regulatory oversight over dietary supplements to enhance the quality and safety of these products and protect the health of those who use them.


2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President and Vice President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Majority and Minority Leaders of the United States House of Representatives, and each member of the United States Congress elected from this State.



STATEMENT


This concurrent resolution respectfully urges the Congress and the President of the United States to establish enhanced federal regulatory oversight over dietary supplements. Over one-half of all adults living in the United States have taken a dietary supplement in the past year. Although many dietary supplements, which include vitamins, minerals, herbs, botanicals, amino acids, and substances such as enzymes, organ tissues, glandulars, and metabolites, have demonstrated health and nutritional benefits, there is little evidence to support claims as to the effects of many others, and there have been a number of reported incidents of supplement users experiencing adverse reactions to these products. Additionally, a number of studies have concluded that many supplements do not contain the ingredients listed on the label or contain additional, and potentially harmful, substances. It is the sponsor’s belief that additional oversight will help promote the safety and accurate marketing of dietary supplements.


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