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Farah & Farah, P.A.

10 W. Adams Street
Jacksonville, FL 32202
Phone: (800) 670-1464

 

Jacksonville Vitamin Regulations Lawyers

Vitamins are a multibillion dollar industry growing all the time as Americans choose to participate in staying healthy to stay out of the doctor’s office. And while most vitamin manufacturers are ethical and conscientious as the self-monitoring industry encourages, there are opportunists who see "green" in the vitamin industry.

According to the FDA, the law defines dietary supplements, in part, as products taken by mouth that contain a "dietary ingredient" intended to supplement the diet. That can include vitamins, minerals, botanicals, amino acids, microbial probiotics, enzymes and metabolites. These supplements are available as tables, capsules, powders and liquids and are either fat or water soluble.

The Dietary Supplement Health and Education Act (DSHEA) of 1994 requires all such products be labeled as "dietary supplements" and under DSHEA the labels must be truthful so consumers can make informed decisions about their health. DSHEA also gave the FDA authority to protect the public from unsafe supplements by establishing Good Manufacturing Practices (GMPs) in 2007. Since then the supplement industry has created standards for all manufacturers to follow to ensure the safety and quality of dietary supplements. That is good news since dietary supplements are not approved by the U.S. Food and Drug Administration (FDA) and do not receive any agency review for safety or effectiveness.

One exception to self regulation is when a label makes a claim such as "builds strong bones". That claim must be submitted to the FDA no later than 30 days after marketing the dietary supplement and the context of the claim must be included. The label must carry a disclaimer stating that the claim has not been reviewed by the FDA and that the product is not intended to diagnose, treat, cure or prevent any disease.

Still, the FDA says there are more than 50,000 safety problems related to supplements every year.

Lead has been found in zinc, black cohosh and ginko supplements. ConsumerLab found a fungal toxin in red yeast rice products. Ayurvedics traditionally come from India but often contain metals, which may come from the soil they’re grown in.

Nearly 7 out of 10 Americans say they use dietary supplements and have benefitted by maintaining good health. But because of the potential for profits, quick buck artists have been known to cash in on the promises of weight loss such as ephedra, muscle building anabolic steroid-like supplements, and sexual enhancement supplements.

Consumers need to do their research and stick with established brands.

When there are problems with a defective dietary supplement, Congress gives the FDA the authority to regulate, issue health advisories, send warning letters to the manufacturers, and to seize a defective and dangerous product and lastly, prosecute through the Department of Justice.

Unfortunately for the consumer, with the hands-off regulation of vitamin supplements, the few product defects that injure or kill are often not discovered until the damage has been done. If you suspect a family member has been injured by a defective supplement, you would be well-advised to contact an experienced Jacksonville product liability lawyer as soon as you can after the injury. You ability to file a successful claim may depend on filing an action within a limited time period.

For a free consultation on the specifics of your unique case, call our Jacksonville office today at 1.800.670.1464.