Industry Gains Friends but Loses Influence in November Off-Year Election
Published: Tuesday, December 01, 1998
With the loss of Sen. Alfonse D’Amato, R-NY, who was defeated by Sen.-elect Charles Schumer, D-NY, dietary supplements companies in the Northeast and NY, in particular, will have no strong, local political allies in the U.S. Senate.
Although Sen. D’Amato was not a vocal supplements supporter, he always attempted to help the industry behind the scenes. Neither D’Amato’s successor nor NY’s other senator, Daniel Moynihan, D-NY, were cosponsors of the Dietary Supplement Health and Education Act (DSHEA) in 1994.
In NJ, both Sens. Frank Lautenberg, D-NJ, and Robert Torricelli, D-NJ, also were not DSHEA supporters.
As a result, the makeup of the upcoming 106th Congress should provide strong motivation to supplements companies and consumers in NY and NJ to establish and develop positive relationships with their senators and their staffs.
In the House of Representatives, the most influential industry supporters from NY and NJ will be Reps. Rick Lazio, R-NY, and Frank Pallone, D-NJ. Both are members of the key House Commerce Health and Environment Subcommittee, which has jurisdiction over FDA and dietary supplements issues.
Rep. Pallone also is a member of the House Democratic leadership and has publicly stated his interest in introducing and supporting efforts to pass legislation titled The Nutraceutical Research and Education Act. The legislation would create financial incentives for companies to undertake research and development of health care products from foods and of dietary supplements that would treat and prevent disease.
In OR, Rep. Peter DeFazio, D-OR, author of the Access to Medical Treatment Act and also a well-known supporter of dietary supplements, was handily reelected. Expect to see him speaking out more prominently on health care issues during the 106th Congress.
Moving back to the Senate, in the West incoming Sen.-elect Michael Crapo, R-ID, will likely join the ranks of strong Senate dietary supplements industry/consumer stalwarts such as Sens. Orrin Hatch, R-UT, and Tom Harkin, D-IA. While a member of the House, Crapo was the chief sponsor of The Dietary Supplement Fairness in Advertising Act (HR4581). Although the bill did not pass in the 105th Congress, it sent a strong political message to the Federal Trade Commission (FTC). The bill is expected to be introduced again in both houses of the 106th Congress. And, in the dynamic of FTC politics, the fact that legislation is under consideration will send a message to the agency to temper its actions.
In presidential politics, Energy Secretary Bill Richardson is considered a strong possible Democratic vice presidential nominee in 2000.
Should Richardson get involved in the 2000 presidential race, expect to see him revisit his base of support within the natural health community. Richardson is enormously popular in the natural products industry for his vigorous defense of consumers’ rights to access natural products and alternative medical therapies.
In addition to HR4581 and The Nutraceutical Research and Education Act, major legislative issues such as the implementation of FDA regulations on statements of nutritional support and the patients’ bill of rights are likely to surface or resurface in the next Congress. All are likely to affect the natural products industry’s business and bottom line, and common sense suggests it’s time for the industry to prepare to energetically reemerge on the political landscape.
Antonio C. Martinez II, Esq., provides businesses with legal and regulatory compliance services. He can be reached at 973.305.1235, or by e-mail at tonymartinez@compuserve.com.