Herbal Remedies in FDA Limbo

Rachel S. Hrynewycz




Thesis:   There needs to be regulation of herbal remedies and dietary supplements from an outside source that is not interested in the monetary benefits
                from the herbal market. Although herbal remedies and dietary supplements can be beneficial to many Americans, the United States needs to implement
                an administration to analyze, research, and regulate what herbs are in supplements, and their acceptable uses.
 

Outline:
    I. Introduction
        A. China example
        B. Ephedrine example
    II. History of Herbal Remedies
        A. China
        B. Europe
        C. Garlic example
    III. Current Management
        A. Europe- Germany
        B. United States
            i. Dietary Health and Education Act of 1994
    IV. Future Management
        A. FDA 10 Year plan
    V. Conclusions
 

Introduction:

    Herbal supplements and herbal treatments are nothing new to people looking for a way to enhance their diets or to those trying to find an alternative to traditional drugs. Such supplements include vitamins or minerals already present in the majority of foods. Other treatments are more unusual and stem from ancient Chinese healing or Native American therapies. Often these additional or alternative treatments have a positive effect on the patient. In China, during the early seventies, there were good results reported for treating bronchopneumonia in children. The doctors used herbal medicines, traditional methods of massage along the spinal column, and acupuncture and injections into needling points in conjunction with current antibiotics. This combination of traditional medicine with current medical practices had major improvements over the simple administration of antibiotics since the most recent method of antibiotics did not take into account the problems of a poor functioning cardiovascular system, spasms of the bronchi, and the fact that asthma often continues. The traditional method does have an effect on these symptoms (Risse, 108). However, despite the positive effects, there have been reported instances where men and women have been seriously injured or even killed from the effects of an herbal supplement. According to an article from CNN interactive there have been 17 reported deaths and 800 illnesses from ephedrine-laced herbal supplements. Ephedrine, an herbal stimulant that can be put into any dietary supplement, is like an amphetamine. It has the effect of stimulating the heart and nervous system and the FDA states the evidence that the herbs can cause heart attack, stroke and death (Cohen, 2).
     With these conflicting reports it is difficult for a consumer to make an educated decision when choosing if or what herbal supplement to purchase. There is little information available to consumers in the United States that has come from an impartial third party. Rather, the majority of information is made available from manufacturers. There needs to be regulation from an outside source that is not interested in the monetary benefits from the herbal market. Although herbal remedies and dietary supplements can be beneficial to many Americans, the United States needs to implement a program to analyze, research, and regulate what herbs are in supplements, and their acceptable use.
 
 

History of Herbal Remedies:

     Herbs and alternative treatments have been used for centuries in different cultures as medicine and in religious practices. In ancient China traditional medicine was a compilation of centuries of knowledge. However, "Öprofessional jealousy and competition resulted in little sharing of empirical knowledge gained by practitioners who saved it to pass on to a few selected apprentices or to keep it within the family" (Risse, 107). But, by the mid 1950s, the Chinese government made a  commitment to the whole scale acceptance and study of traditional Chinese medicine. They began requiring modern doctors to study a certain amount of traditional medicine along with modern medical methods. This commitment has led to a wider understanding of the mechanisms and effects that the traditional medicaments had on the human body as well as bringing the herbal remedies to the Western world.
     Herbs were not unknown to Europe and Great Britain during the Middle Ages. The herbs and spices were not only used for medicinal purposes, but also for cooking by adding flavoring to foods. According to historian Agnes Arber, a monk named Bartholamaeus Anglicus printed one of the first known recordings on the healing properties of herbs. In his encyclopedia, Liber de Proprietatibus Rerum, printed in about 1470, a large section consists of many trees and herbs and is chiefly occupied with their medicinal properties. This book has persisted into the 20th century and has provided an irreplaceable background to many of the now famous herbal remedies.
    One such example of a natural herb that was revered for its medicinal and culinary properties is garlic. Garlic was well known to ancient and medieval civilizations and widely appreciated. Garlic is a member of the lily family and it is among the oldest cultivated plants in all existence. Garlic's precise origin predates written history since it has been used in folk medicine for thousands of years. In ancient times when remedies had to be formed of natural sources, anything pungent and strong was considered to have great power. In the Codex Ebers, an Egyptian medical papyrus dating about 1550 B.C., of the more than 800 therapeutically formulas, 22 mention garlic for a variety of ailments including heart problems, headaches, bites, worms, and tumors (Steiner, 126). Aristotle, Hippocrates, and Aristophanes recommended garlic for its medicinal effect. During the first Olympic games in Greece, the athletes were said to have employed garlic as a stimulant. More recent clinical studies suggest that garlic is a vasodilator (dilates blood vessels) and that both garlic and onions are anticoagulants (prevents blood from clotting) (Steiner, 128).
 

Current Management:

     Most of the herbs that are now marketed in the United States, including garlic, have roots from ancient China, Native American traditions, or sources such as Angelicus' encyclopedia from the European Middle Ages. This mixing of traditional treatments can be confusing to consumers and health care professionals. The United States has done little to research the background and mechanisms of the most common herbal supplements found in grocery stores and health food chain stores.
     Currently, many European countries have established national associations that are dedicated solely to the investigation and analysis of popular herbal supplements. In 1978, Germany's Federal Health Agency established Commission E to evaluate some 1,400 herbal drugs corresponding to 600-700 different plant species. In that country approval of herbal drugs is based on the results of clinical and pharmacological studies. In contrast, France and the United Kingdom consider the traditional use of herbal drugs to generally be considered as sufficient proof of the product's efficacy and safety. In Germany, the required amount of research needed to prove an herb's safety is much less than it would be in the United States. The German standard has been characterized as providing "reasonable certainty" rather than "absolute proof" of safety and efficacy (Tyler, 1). Much of the research in Germany is conducted in-house by pharmaceutical companies, but much is also carried out under grants and contracts by institutes or departments of universities. Germany leads the world in phytomedicinal research stating that once a product has been proven safe, only reasonable certainty is required to market it there (Tyler, 2).
 
 

Dietary Health and Education Act of 1994:

     Western Europe's successful experience with phytomedicines has had little impact on herbal remedies in the United States. In 1994 the U.S. Food and Drug Administration initiated a Dietary Supplement Health and Education Act. This new act was a new amendment to the 1958 Food Additive Amendment to the Federal Food, Drug, and Cosmetic Act. Under the previous guidelines dietary ingredients used in dietary supplements were considered to be under the same regulations as food products. However, under the DSHEA of 1994, these ingredients are no longer subject to the premarket safety evaluations required of other new food ingredients (FDA 1995). The DSHEA acknowledges that millions of American consumers believe that dietary supplements may help augment daily nutritional intake as well as provide additional health benefits. "Congress' intent in enacting the DSHEA was to meet the concerns of consumers and manufacturers to help ensure that safe and appropriate labeled products remain available to those who want to use them" (FDA 1995).
     The FDA has traditionally considered dietary supplements to be composed of only essential nutrients such as vitamins, minerals or proteins. However, a Nutrition Labeling and Education Act of 1990 effectively added "herbs or similar nutrient substances" to the term dietary supplement. The definition of a dietary supplement is considered by using the following criteria: a product that is intended to supplement the diet and contains one or more of the above dietary ingredients, is intended for ingestion in pill, capsule, tablet, or liquid form, is not represented for use as a conventional food or as the sole item of a meal or a diet, and is labeled "dietary supplement" (FDA 1995).
     The manufacturer of the herbal supplement is responsible for making sure that all the dietary ingredients in the supplement are safe. Manufacturers and distributors do not need to register with the FDA or get FDA approval before producing or selling dietary supplements (FDA 1997). This indicates that the FDA does not keep a list of manufacturers or products on the market. The reason given behind this policy is that the FDA has limited resources to analyze the compositions of food products, including dietary supplements. So, the FDA focuses on public health emergencies and products that may have caused injury or illnesses. Thus, the FDA does not analyze supplement products before they are sold to consumers. The manufacturers are responsible for ensuring that the ingredients list is accurate and the ingredients are safe. They are also required to make sure that the content matches the amount declared on the label.  According to an article in Health, because of the FDA's limited resources, just three staffers monitor adverse reactions from herbal pills or tinctures. By contrast, 10 people track how many animals get sick for veterinary drugs.  According to Ilene Rigel Heller, an attorney for the Center for Science in the Public Interest, "The FDA is basically forced to regulate by press release" (1).
     In order to control manufacturing, the DSHEA has mandated that only specific statements may appear on the label of dietary supplements. The manufacturer may make a claim linking well-known health claims, such as the claim linking folic acid deficiency and neural tube defects, but the product cannot carry the claim that it cures cancer or treats arthritis. Manufacturers may also make statements to the supplements effects on structure or function of the body. But, in order to use these claims, the manufacturer must have substantiated that the statements are truthful and not misleading and the product label must include the warning "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease" (FDA 1995). However, nutritional support statements do not need to be approved by the FDA before manufactures can market a product. Additionally, if an herbal company desires to market a new ingredient, it has two options. First, it must submit information that supports their conclusion that a new ingredient can be reasonably expected to be safe to the FDA at least 75 days before the product is expected to arrive on the market. In essence, they must provide proof that the new ingredient does not present a significant or unreasonable risk of illness or injury under conditions of use recommended on the product label. A second option available to manufactures is to petition FDA, asking the agency to establish the conditions under which the new dietary ingredient would be reasonably expected to be safe. To date, FDA's Center for Food Safety and Applied Nutrition has received no such petitions (FDA 1999).  To this point, it appears that the great majority of herbs and dietary supplements are being provided to the public without the intervention by a third party. However, there are strategies in the future that may help with this current problem.
 

Future Management:

     In January of 2000, the U.S. Food and Drug Administration released its Dietary Supplement Strategy in the form of a 10-year plan. The purpose behind this new committee is to "develop an overall strategy for achieving effective regulation of dietary supplements under the Dietary Supplement Health and Education Act of 1994" (FDA 2000).  In June of 1999, the FDA developed five internal dietary supplement teams: safety, labeling, boundaries, enforcement, and research. The FDA has mandated that they will develop, on an annual basis, specific items that are to be accomplished each year during this 10-year term.  The goal of the overall strategy is, "by the year 2010, [to] have a science-based regulatory program that fully implements the Dietary Supplement Health and Education Act of 1994, thereby providing consumers with a high level of confidence in the safety, composition, and labeling of dietary supplement products" (FDA 2000).  The FDA proposes to implement their new plan through several channels. Among other things, they will institute an efficient system for the monitoring, clinically evaluating, and timely regulatory follow-up of significant event reports. They also plan to educate consumers and health care workers on how to use the newly instated adverse event reporting system. Screening of new dietary supplements will remain at 75 days prior to public release, however an Internet surveillance program will be implemented in order to monitor whether products are being marketed for safe uses. The FDA will publish clarifications between dietary supplements, drugs, and foods.  They also plan to ensure a sound science-based program for all dietary supplement review and to develop a core of well-trained, multidisciplinary scientists in support of supplement review and research. All of these new protocols, as well as others not mentioned would add to the development of mechanisms to communicate dietary supplement information to the general public and to health care professionals.
 

Conclusions:

 The use of herbs as dietary supplements and alternative medicines has a long history throughout many cultures around the world. Although they are often met with disinterest and disbelief dietary supplements have become a billion dollar business. The Dietary Supplement Health and Education Act of 1994 was established in the United States in order to ensure that those in the public who whished to supplement their diets with herbs for nutritional or medicinal purposes could have access to such supplements. However, marketing without adequate research from an impartial third party has lead to deaths and injuries/illnesses from various dietary supplements containing herbs. The U.S. Food and Drug Administration implemented a 10-year plan in January of 2000 in order to address the problems of safety testing and proper labeling of herbal supplements. It is the hope of the government and those interested in herbal and dietary supplements that these new implementations will lead to the safe marketing and use of herbal remedies in the future.
 

Works Cited

Arber, Agnes. Herbals: Their Origin and Evolution. Cambridge University Press. Cambridge, 1938.

Cohen, Elizabeth. "FDA Wants Warning Labels for Some Herbal Supplements."  June 3, 1997. <http://www.cnn.com/HEALTH/9706/02/nfm.supplement/>

"Herbs: FDA is MIA". Health. May, 2000, Vol. 14:24.

Kurtzweil, Paula. An FDA Guide to Dietary Supplements. January 1999.
       <http://vm.cfsan.fda.gov/~dms/fdsupp.html>

Risse, Guenter. Modern China and Traditional Chinese Medicine: A Symposium Held at the University of Wisconsin, Madison. Springfield, IL. 1973.

Steiner, Richard. Folk Medicine: The Art and the Science. American Chemical Society. Washington, DC. 1986.

Tyler, Varro. "Should Herbal Remedies Remain in FDA Regulatory Limbo?". Nutrition Forum. Nov/Dec 92, Vol. 9, Issue 6, p41.

U.S. Food and Drug Administration. "Overview of Dietary Supplements". May, 1997. <http://vm.cfsan.fda.gov/~dms/ds-oview.html>

U.S. Food and Drug Administration. "Dietary Supplement Health and Education Act of 1994". December 1, 1995.
     <http://vm.cfsan.fda.gov/~dms/dietsupp.html>

U.S. Food and Drug Administration. "Dietary Supplement Strategy: Ten Year Plan". January 2000.
    <http://vm.cfsan.fda.gov/~dms/ds-strat.html>