This Article examines the future role of the FDA in the regulation of the dietary supplement industry. To address the role of the FDA in the twenty-first century with respect to the dietary supplement industry, Part I of this Article begins by describing the dietary supplement industry and the role of the FDA in this industry. In Part II, this Article provides a brief exposé of the tactics used by the tobacco industry to evade regulation. The purpose of Part II is to provide insight into the tobacco industry’s ability to manipulate consumers and discount scientific proof of the harmful effects of smoking. In Part III, this Article addresses solutions to concerns over the current regulatory regime. Although FDA regulation is likely the most effective way to ensure that products that are on the market are safe, Part III of this Article explores other non-regulatory mechanisms as well.
Sax, Joanna K. The Tobacco Diaries: Lessons Learned and Applied to Regulation of Dietary Supplements, 73 Md. L. Rev. Endnotes 20 (2013).