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Hearing Examines Dietary Supplements for Children

On June 16, the House Energy and Commerce Subcommittee on Oversight and Investigations held a hearing to examine the safety of dietary supplements for children and the marketing of such products. Subcommittee Chair James Greenwood (R-PA) expressed grave concern about the legitimacy of these products, saying that parents and their children are being exploited. “Today, we focus on several products that have been marketed and manufactured for the express purpose of allegedly providing a weight-loss benefit for kids as young as 6 years of age. These products—with names that imply certain weight loss in children—‘Skinny Pill for Kids,’ ‘Pedia Lean’ and ‘Pedia Loss’—have been represented to America’s parents to be safe and effective for weight loss in children. None—I repeat—none of these products has been tested in any scientifically credible manner in children. None of these products has any legitimate basis upon which to claim they would be effective in helping children to lose weight.”

Ranking Member Diana DeGette (D-CO) concurred, adding her frustration that the dietary supplement industry is “not subject to the same stringent regulations as food additives and drugs.” Specifically, she referenced the Dietary Supplements Health and Education Act (DSHEA) of 1994 (P.L. 103-417) and questioned whether Congress should strengthen the law: “I am concerned that consumers do not have enough information under this law.”

Howard Beales of the Federal Trade Commission (FTC) discussed the commission’s role in combating deceptive marketing and advertising claims. Noting that the market for children’s supplements has been growing, Mr. Beales said, “Industry analysts estimate annual sales of children’s supplements reached $510 million as of July 2002 and represented one of the top niche markets in the supplement industry.” He told the subcommittee that “commission law requires that claims about the safety and efficacy of any health-related product, including dietary supplements, be substantiated by competent and reliable scientific evidence before the claims are made.” The FTC has filed or settled more than 100 actions challenging false or unsubstantiated claims regarding supplements.

Most recently, the FTC challenged the advertising for the “Skinny Pill for Kids,” alleging that the claims were “unfounded or outright false.” Mr. Beales said that according to the product’s ads, the “Skinny Pill for Kids would burn fat, block new fat deposits, normalize insulin and blood sugar levels, reduce the risk of obesity-related diseases including heart disease, high blood pressure and diabetes, and was proven safe by scientific research.” He added, “Prompt Commission action stopped this marketing campaign before the children’s product actually entered the marketplace.” The commission also is pursuing two other complaints regarding dietary supplements for weight loss in children.

Dr. Howell Wechsler of the Centers for Disease Control and Prevention (CDC) summarized the latest scientific information on obesity and the Department of Health and Human Service’s (HHS) efforts. Dr. Weschler said that HHS has identified seven strategies to combat obesity: 1) strong leadership; 2) delivering clear health information messages; 3) monitoring the problem and programs to address the problem; 4) identifying and addressing research gaps; 5) synthesizing research findings to identify effective policies and programs; 6) developing and disseminating research-based information to schools; and 7) helping states and community-based agencies to implement effective programs.

Dr. Alison Hoppin of the Massachusetts General Hospital Weight Center expressed her concern about “misinformation” and questionable marketing claims made by manufacturers. After reviewing the scientific literature and examining these claims, Dr. Hoppin said, “There is no scientific reason to believe that any of these supplements has true effectiveness for short- or long-term control of obesity…To target children and adolescents, a group particularly likely to engage in untested or extreme dieting practices, and a group particularly likely to be influenced by advertising, is particularly irresponsible. This, combined with the lack of safety standards in this field, is certainly risky, and may be downright dangerous.”

Dr. Keith Thomas Ayoob of the Albert Einstein College of Medicine agreed, saying that the information posted on the website for the “Skinny Pill for Kids” was “scientifically baseless, blatantly exploitative, and potentially very harmful to children.” He added, “Products like these should never exist. Even if they cause no harm that is reported, they serve only to exploit children and their caregivers by fostering the illusion that these products work, perhaps preventing them from seeking real solutions.”

The second panel of witnesses consisted mostly of individuals involved with the development and marketing of the “Skinny Pill for Kids,” which was prevented from coming to market by an injunction issued by the FTC. Many of the witnesses declined to make a statement but answered lengthy questioning from members of the subcommittee.