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NPA Comments On New York Attorney General’s Subpoenas

Daniel Fabricant, PhD Daniel Fabricant, PhD
Phase 2

Natural Products Association (NPA) CEO and Executive Director Daniel Fabricant, PhD, commented on the subpoenas issued by New York Attorney General Eric T. Schneiderman to four major retailers ordering evidence to back up their label claims. “The attorney general is using these subpoenas as a misdirection, removing focus from the fact that he still has yet to release the data from the DNA study he used as the basis for his original cease-and-desist,” Fabricant said.

There are already federal laws and statues regarding truthful claims, scientific evidence for substantiation and a 30-day structure/function notification for each and every claim. “The New York attorney general should be inquiring about this information with the Food and Drug Administration, as the agency should already have this information at hand,” and, in fact, most of the ingredients being looked at are some of the most studied and researched in the industry.” These include: St. John’s Wort, Ginkgo Biloba, Ginseng and Echinacea.

“If Attorney General Schneiderman were properly informed in this area, he would have pursued action against products making egregious weight-loss claims or those with ingredients with little science behind them,” Fabricant said, “as that is exactly what the Federal Trade Commission does and with much success.” However, Schneiderman is looking like he would rather make the headlines than care for the well being of consumers by attacking the retailers with ingredients that are supported by hundreds of clinical studies and, therefore, are substantiating the claims, hazardous for law enforcement. Fabricant finds it imperative that the attorney general shows proof of his data, including his reference material library, before drawing more attention to this issue and attempting to castigate the natural products industry.

“We thank all industry members and consumers who have participated in our call for transparency by emailing, tweeting and calling the attorney general, requesting he release his study data,” Fabricant said.

For more information, visit www.NPAinfo.org.