The FDA's Treatment of Structure/Function Claims under the Dietary Supplement Health and Education Act

Abstract

Demand in the United States for dietary supplements and herbal products has exploded in past years. One report states that demand for dietary supplements has increased almost 50 percent since 1995.1 Congress, therefore, in response to the increased demand and other motivations (to be discussed below), has passed legislation intended to increase the amount and quality of information available to consumers in an e ort to maximize the bene ts of such products. Congress has attempted to develop a regulatory scheme in which an atmosphere of cooperation exists between the government, the dietary supplement industry and consumers of these products. However, it seems that Congress' intent in passing the Dietary Supplement Heath and Education Act (and related legislation) has not come to fruition.