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AHPA opposes Dietary Supplement Listing Act of 2024

The American Herbal Products Association (AHPA) is announcing opposition to the Dietary Supplement Listing Act of 2024 introduced by Senator Richard Durbin (D-IL). This proposed legislation, which Senator Durbin previously introduced in the 117th Congress to opposition from AHPA and the rest of the dietary supplement trade, seeks to establish a mandatory product listing (MPL) requirement for all dietary supplements sold in the United States.
 
AHPA has a strong history of backing amendments to the Federal Food, Drug, and Cosmetic Act when they clearly benefit consumers and minimize burdens on the industry. However, neither the U.S. Food and Drug Administration (FDA) nor any other proponent of MPL legislation has convincingly demonstrated the necessity of this premarket product listing requirement. Due to this lack of clear benefits, AHPA has for several years taken the position that it cannot support – but does not oppose – the concept of MPL requirements for dietary supplements. The latest version of this legislation from Senator Durbin does not alter this position. However, this particular MPL bill would impose unnecessary, significant, and redundant burdens on the industry.
 
At the same time, AHPA acknowledges FDA's interest in, and the support from some stakeholders for, additional FDA authorities regarding dietary supplements, particularly to address unlawful drug products masquerading as dietary supplements such as tianeptine capsules or tablets. AHPA will continue to engage with FDA, Congressional offices, industry colleagues, and advocacy groups to develop alternative modernizing reforms to dietary supplement laws.
 
“We have yet to be convinced that the potential benefits of MPL requirements would justify their costs – both to industry and FDA – as well as the potential unintended consequences that would result from the establishment of such a system,” said Robert Marriott, AHPA Director of Regulatory Affairs. “Even so, AHPA supports more narrowly tailored and effective legal reforms that will reflect the needs of an evolving marketplace. We will continue our work across the herbal products community, in cooperation with federal decisionmakers, to advance public health and ensure broad access to safe and well-regulated dietary supplement products.”

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