Hatch Question, Gottlieb Response Speak Volumes About DSHEA Reliance

摘要

Gottlieb is not the first FDA commissioner nominee to profess support for its regulatory framework established by DSHEA, but the focus of Hatch's question serves stronger notice than similar questions asked of previous candidates that the agency authority to enforce in the space does need adjustment. A question by Sen. Orrin Hatch and FDA commissioner nominee Scott Gottfried's response should not only encourage dietary supplement firms, but also give pause to members of Congress who question the agency's regulatory oversight of the industry. While Gottlieb is not the first FDA commissioner nominee to profess support for the agency's regulatory framework established by the Dietary Supplement Health and Education Act (see table below), the focus of Hatch's question serves stronger notice than similar questions asked of previous candidates that FDA's authority under DSHEA to enforce in the space is not in need of adjustment.