The Regulation of Herbal Supplements: A Look at Current Practices and Future Exigencies

Senator Orrin Hatch's push for the law that barred the FDA from regulating supplements, believing his family's business interests were at stake, highlights a complex issue in the world of herbal supplements. This article delves into the current state of regulation, safety concerns, and the future of oversight.

Regulation and Safety Concerns

Herbal supplements that are not extracted and do not contain adulterant pharmaceutical drugs are generally safe. However, the safety of these products can vary significantly. Extracted products, while often safe, may pose risks if tampered with or used inappropriately. The regulation of herbal supplements varies depending on the platform from which they are purchased.

Amazon, known for its stringent policies and wide-ranging customer reviews, allows for more rigorous oversight compared to eBay. While eBay has policies in place to remove certain supplements, it also has a larger variety due to its operational structure. In the UK, MHRA (Medicines and Healthcare products Regulatory Agency) recognizes some herbal extracts as food products, further complicating the regulatory landscape.

The RMRA and Pharmaceutical Classification

The Federal Dietary Supplement Act (Rannedinicially named the Dietary Supplement Health and Education Act or DSHEA) prohibits the FDA from regulating supplements, which allows some substances to bypass regulations by avoiding classification as pharmaceuticals or supplements. This loophole raises concerns about the safety and purity of herbal products.

For instance, a substance that sells as a supplement might actually contain pharmaceutical drugs that can be harmful or even lethal, particularly at incorrect dosages. While MHRA oversees the safety of medicines, it treats these products as food products, designating them as a Trading Standards issue rather than a regulated health product, further compounding the confusion.

Consumer Awareness and Circumvention of Regulation

Consumers must exercise caution when purchasing supplements. Websites and physical shops generally self-regulate, but financial or political leverage can lead to some supplement makers avoiding regulations. This practice often involves legal action to fend off ingredient bans, rather than proper adherence to laws. Supplement brands sometimes resort to underhanded methods, such as 'greasing palms', to sidestep regulations before adverse effects become apparent.

Conversely, while MHRA can and does take regulatory action against supplements or ingredients that fall within their legal jurisdiction, they are selective in their enforcement. Some products deemed relatively safe may bypass scrutiny, while others receive intense scrutiny.

Conclusion

The regulation of herbal supplements is a multifaceted issue. While some products may be considered safe, the lack of clear oversight and the potential for mislabeling or adulteration pose significant risks. Consumers should stay informed, research diligently, and choose reputable sources. Regulatory bodies like MHRA must continue to refine their approach to ensure public safety.