This Note will examine the dangers associated with current dietary supplement regulation under the DSHEA and the problem of ill-informed consumers. As reflected in the title of this Note, misconceptions about dietary supplement regulation are abundant; consequently, section II of this Note will further discuss and offer illustrations in support of this position. Part III gives an overview of current regulation under the Dietary Supplement Health and Education Act of 1994. Also a brief discussion of the legislation that preceded the DSHEA is offered in section VI. Part V of this Note analyzes and defines the dietary ingredients that are often found in herbal fen-phen products. Specifically, this section discusses the dangerous and unsubstantiated claims associated with these supplements. Part V concludes by contrasting prescription fen-phen with herbal fen-phen to explain the dangers associated with both and the dire need for prompt action to protect consumers from "herbal" substitutes. Part VI offers concrete proposals for dealing with inadequate regulations, which this Note maintains are threatening consumers' health. Finally, remedies such as legislative amendment and increased funding for training, research, and consumer awareness efforts will be further explored.
Note, Misconceptions and Misleading Information Prevail - Less Regulation Does Not Mean Less Danger to Consumers: Dangerous Herbal Weight Loss Products, 14 J.L. & Health 107 (1999-2000)