Today on the Headline of the New York Times Website, the New York Attorney Generals Office sent cease and desist letters to four major retailers, accusing them of selling fraudulent Dietary Supplements!
The four retailers; Target, Walmart, Walgreens and GNC, all of which sell supposedly health improving Dietary Supplements were found to be falsely advertising the benefits of their products.
Supplements such as ginkgo biloba, St. Johns Wart, and Valerian root were found to contain fillers such as powdered rice, turnips and vegetable matter. In some cases the products contained NOTHING of what it advertised! Even worse, some of the products which claimed to be gluten free where found to contain wheat as well as allergens such as crushed peanuts and legumes which are related to soybeans even though there was no mention of allergens on the product or its packaging.
According to the Mayo Clinic, Dietary supplements are supposed to be regulated by the FDA, but not as a food nor a drug. In fact, a company doesn't even have to register their product with the FDA before putting their product on the market. Under the FDA rules, a company can put their "Dietary Supplement" on the market, claiming that it helps with a nutrient deficiency, contains health benefits and assists with bodily functions as long as it includes a disclaimer that the FDA hasn't approved these statements.
So to get this straight; a company can sell a product that claims all kinds of health benefits, it is often completely mislabeled, instead containing potential allergens that could kill some people, all of this is under the purview of the FDA but the FDA doesn't actually investigate to see if the products contain what they say they do or even whether the product is safe?
Luckily, so far New York's Attorney Generals office under Eric T. Schneiderman hasn't yet been so sold to private interests that they caught on to this... what I can only describe as a black market of unregulated and potentially harmful trade.
Mr. Schneiderman had this to say:
“Mislabeling, contamination and false advertising are illegal,” said Eric T. Schneiderman, the state attorney general. “They also pose unacceptable risks to New York families — especially those with allergies to hidden ingredients.”
One of the scariest facts of the case is that these retailers aren't just some fringe companies, these were some of our nations largest retailers. These products were deceiving and should be punished as such.
Furthermore, they should be heavily fined and that money should go into the public coffers to help rebuild our crumbling roads and bridges. If these major retailers think it is OK to deceive New Yorkers, and most likely the rest of the country as well, than they should have to pay us for such reckless behavior.
Additionally, as these products are already under the jurisdiction of the FDA, they should be regulated as such and be put under the same standards as all other food and drug products with proper labeling and allergen warnings.
The problem is that these nutritional supplements were exempted from those standards by a 1994 law sponsored by Senator Orrin Hatch. Apparently Mr. Hatch knows more about what is and isn't safe for human consumption than the FDA. Of course he receives huge campaign donations from the industry but SURELY that had nothing to do with the law he sponsored. He even went so far as to defeat a proposed amendment that would have changed the law to include oversight of supplements in 2012. (He also claims to be a nutritional supplement user himself though lets see how he reacts to this little revelation)
In the end this is just another example of crony capitalism. When a regulatory agency doesn't even have the power to inspect the contents of products sold as a "Nutritional Supplement" (which in anyone's rational mind sounds like a type of medicine) then there is something very wrong with the system.
Regulatory bodies were created to keep industries honest and to protect the consumer who often knows little or nothing about a product they are purchasing, and when they try to inform themselves, they are often mislead by advertisers and others paid to promote a product.
Until we come to terms with the fact that an industry cannot be left to self regulate, these sort of sickening revelations will continue to turn up in our newspapers and other media sources year after year.
If Democrats truly believe in the power of a federal regulatory body, then they will use this example as a cudgel to beat Republicans into submission on the issue, and if Republicans still refuse to go along, Democrats must not back down from taking this issue to the American public.
Not every American reads the NY Times, but all Americans care whether their child or family member is at risk of becoming sick because of dangerous false advertising.