WASHINGTON, DC – Natural Products Association (NPA) today submitted comments for the record regarding the Oregon Department of Justice’s proposed rule that would restrict health claims for nutritional supplements. The proposed rule is duplicative of federal law, would confuse consumers, raise costs for taxpayers, and do nothing to protect public health. NPA’s comments be viewed here.
“The COVID-19 pandemic has made all Americans more health conscious as more and more people turn to nutritional supplements to help support their healthy lifestyles and boost their immense systems. NPA was first to sound the alarm about bad actors making misleading claims about the coronavirus, and we support policies to combat misinformation. Unfortunately, this proposal does nothing to address any of those concerns and will instead deplete resources that could be used to enforce existing federal rules that prevent companies from making false claims,” said Daniel Fabricant, Ph.D., President and CEO of NPA.
The proposed rule states:
“It is unfair and deceptive for an advertiser or seller to represent that a good that is or may be obtained primarily for personal, family or household purposes will prevent, treat, diagnose, mitigate, or cure coronavirus, COVID-19 or a related condition, without first having competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation. It is the intent of the rule that in construing the meaning of the term “competent and reliable scientific evidence,” the courts may be guided by decisions of federal courts and final orders of the Federal Trade Commission. It is also presumed that any specific good with approval or emergency use authorization by the United States Food and Drug Administration has competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation.”
NPA also submitted comments regarding this rule in April.