WASHINGTON—Continued concerns about the illegal marketing of steroids as dietary supplements were the focus of a Congressional hearing held Sept. 29; the Subcommittee on Crime and Drugs of the U.S. Senate Judiciary Committee, called the hearing, “Body Building Products and Hidden Steroids: Enforcement Barriers.” Testifying before Subcommittee Chairman Arlen Specter (D-Pa.) were representatives from FDA, the Drug Enforcement Administration (DEA), U.S. Anti-Doping Agency and industry members.
FDA’s Michael Levy, director of the agency’s division of new drugs and labeling compliance, said FDA cannot identify violative products before the enter the market, and “must undertake a painstaking investigative and analytical process” to prove the products are in violation of the law. He added the current regulations under the Dietary Supplement Health & Education Act (DSHEA), which do not require pre-market approval of products, are an added challenge and temptation to unscrupulous marketers. “Marketing a steroid product as a ‘dietary supplement’ conveys to the consumer a false sense of safety and legitimacy for these potentially harmful products,” Levy said.
However, Daniel Fabricant, Ph.D., interim CEO of the Natural Products Association (NPA), testified “tougher enforcement and prosecution to the full extent of the law are the best ways to stop the criminals” responsible for selling steroids masquerading as dietary supplements. He added, “The barriers to enforcement are simple: money, manpower and will,” and urged FDA and DEA to work with other appropriate agencies to enforce the existing laws concerning the sale of illegal steroids and adulterated dietary supplements. (Fabricant’s complete testimony is available here.)
Steve Mister, president/CEO of the Council for Responsible Nutrition (CRN), issued a statement on the situation: “Rogue products that contain anabolic steroids are not dietary supplements, regardless of how the bad actors who manufacture and market these products might position them—they are illegal, unapproved new drugs. Responsible supplement companies do not condone these practices, and urge [FDA and DEA] to use the ample authority already granted to these agencies to crack down on anabolic steroids that put athletes and young people at risk.”