Hydroxycut Recall Sparks Debate about DSHEA

The Dietary Supplement Health and Education Act (DSHEA) was signed into law by President Bill Clinton in 1994. The Act made a number of changes to the way the Food and Drug Administration was to oversee the production of dietary supplements. For the first time, they were to be considered separately from food products, and subject to different rules.

Since the FDA announced a recall of Hydroxycut, a weight loss supplement that has been linked to liver damage and one fatality so far, consumer health advocates have begun to wonder if DSHEA is really adequate. As many have pointed out, Hydroxycut is only the latest in a long line of recalled supplements – which includes the infamous ephedra.

Defining a Dietary Supplement

Under the law, any pill, powder, or liquid can be considered a dietary supplement if it:

• Is marketed as one, and
• Contains a vitamin, mineral, herb (other than tobacco), or amino acid, and
• Is not advertised as adequate nutrition in and of itself

This is all it takes for a product to be labeled a supplement and subject to far less scrutiny than drugs or food products. Sadly, as the Hydroxycut recall demonstrates, meeting these requirements is not always enough to ensure that a product is actually safe for consumption.

Manufacturers' Rights and Responsibilities under DSHEA

DSHEA requires supplement manufacturers to do their own product testing. In other words, the FDA is letting businesses that sell these products decide whether they are fit to be sold or not. If a company wants to use a new ingredient, meaning one that was not marketed before October 1994, they only need to demonstrate one of two things:

• The ingredient has commonly been used in a similar way without harmful effects
• The ingredient "will reasonably be expected to be safe"

It is not difficult to see how these requirements may fall short. For example, one of Hydroxycut's ingredients, Garcinia cambogia, has been used in traditional remedies for centuries. It is also widely suspected to be the cause of the liver damage associated with Hydroxycut.

Contact a Hydroxycut Injury Attorney

If you or a loved one has suffered from liver damage or other problems caused by Hydroxycut, our law office can help you protect your rights. Contact Hydroxycut lawsuit lawyers at your convenience.