Congresswoman Diana Harshbarger Introduces Dietary Supplement Innovation Act to Modernize FDA Drug Preclusion
Congresswoman Diana Harshbarger (R-TN) has introduced the Dietary Supplement Innovation Act (H.R. 10336), a legislative effort aimed at modernizing the Food and Drug Administration’s (FDA) drug preclusion provision. This bill seeks to resolve long-standing disputes within the dietary supplement industry regarding drug preclusion. The proposed legislation would replace the current ambiguous standard of “substantial clinical investigations” with a more defined trigger based on Phase 2 or Phase 3 clinical trials. Additionally, it aims to provide relief for drug programs that have been inactive for extended periods, direct the FDA to consider differences in dose, route, concentration, and composition, and offer enhanced judicial-review protections. While some dietary supplement trade associations, such as CRN, CHPA, and AHPA, have welcomed the bill as a balanced compromise, others, like the NPA, express concerns that it might inadvertently enshrine pharmaceutical gatekeeping mechanisms into law, potentially li...