McCAIN TO FDA: REGULATE JOE THE PLUMBER

By Attorney Jonathan Emord
February 15, 2010
NewsWithViews.com

If you had any doubt about whether John McCain is a limited government conservative, you may put that doubt to rest—he is not. On February 3, 2010, John McCain introduced to the United States Senate the Dietary Supplement Safety Act of 2010. Reflecting upon this poorly written bill, I am struck by the fact that John McCain apparently sees little difference between fissile material and dietary supplements. He is intent on regulating supplements as if they were radioactive enriched uranium rather than bioactive vitamins, minerals, amino acids, and botanicals that more often than not help people.

The Dietary Supplement Safety Act of 2010 enjoys support from the most liberal members of Congress. It is an invitation for the FDA to assume broad new powers and replicate here the system now operating in Europe over dietary supplements where dietary ingredients are presumed adulterated and unlawful to sell unless pre-approved by the government. In short, good bye free enterprise, good bye limited government, and hello more heavy handed, arbitrary and punitive FDA bias against the beleaguered dietary supplement industry. Yes, this is the same John McCain who unsuccessfully tried to rally Reagan Republicans on the notion that he was the true Reagan clone. If you believed that rhetoric, let me assure you, John McCain is no Ronald Reagan. He is very wide of the mark of that great man.

Now lest you think the FDA lacks power to remove dietary supplements from the market when sold in forms or dosage amounts that present a risk of illness or injury, let me also assure you that it has that power. It is codified in statute and embedded in regulation. FDA can halt the sale of any dietary ingredient that presents a risk of illness or injury, can get an injunction blocking the sale, and can prosecute those responsible. The power already exists. But McCain’s bill gives FDA power beyond the necessary. He apparently wants the FDA to function outside the bounds of due process of law and the separation of powers.

Consider the provisions of the Dietary Supplement Safety Act of 2010. Under it, every year every person or entity that manufactures, packages, holds, distributes, labels, or licenses a dietary supplement has to register with FDA and identify who they are and all of the products they sell or become a federal felon. Remember McCain’s rather pedestrian “Joe the Plumberâ€