108th Congress

Dietary Supplements

S. 1538, H.R. 3377

Background

In 1994, Congress passed the Dietary Supplement Health and Education Act (DSHEA), P.L. 103-417, which provided for increased research on the benefits and risks of dietary supplements, public education on dietary supplements, and consumer protections. The Food and Drug Administration (FDA) is the agency primarily responsible for the enforcement of DSHEA. The Act also created the Office of Dietary Supplements within the National Institutes of Health (NIH) to expand research on and consumer information about the health effects of dietary supplements.

Interest in the health benefits and safety of dietary supplements continues. Since the start of the 108th Congress, two bills have been introduced: S. 1538, the DSHEA Full Implementation and Enforcement Act of 2003, and H.R. 3377, the Dietary Supplement Access and Awareness Act.

Provisions of the Legislation/Impact on NIH

S. 1538—DSHEA Full Implementation and Enforcement Act of 2003

S. 1538 would have provided $30 million for expanded research and development of consumer information on dietary supplements by the NIH Office of Dietary Supplements. It would have also provided increased funding for FDA to regulate dietary supplements as required under DSHEA.

H.R. 3377—Dietary Supplement Access and Awareness Act

H.R. 3377 would have amended the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements by requiring dietary supplement manufacturers to provide FDA with a list of their products and reports of all serious adverse events. These actions would have alerted FDA to problematic dietary supplements and given FDA access to information it needs in order to take action more swiftly.

Status and Outlook

S. 1538 was introduced by Senator Tom Harkin (D-IA) on July 31, 2003, and was referred to the Senate Committee on Health, Education, Labor and Pensions. No further action occurred on this legislation during the 108th Congress.

H.R. 3377 was introduced by Representative Susan A. Davis (D-CA) on October 28, 2003, and was referred to the House Committee on Energy and Commerce. On December 4, it was referred to the House Energy and Commerce Subcommittee on Health. No further action occurred on this legislation during the 108th Congress.