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    Industry News

    AHPA Supports Amendment to Prop 65, Suggests Improvements to NIH Database

    ...

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    05.01.13
    The board of trustees of the American Herbal Products Association (AHPA) voted to support legislation introduced on Feb. 4 by California Assemblyman Mike Gatto, D-Los Angeles, which would amend the state’s Proposition 65.

    Consumer goods sold in the state of California are, with certain exceptions, subject to that state’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. The law places specific labeling requirements on products sold in California if the product contains chemicals listed by the state as carcinogens or reproductive toxicants. Failure to provide such warnings can result in action by the California Attorney General or by “any person in the public interest.”

    Assemblyman Gatto’s bill, AB 227, would amend Section 25249.7 of the California Health and Safety Code by providing companies in receipt of a 60-day notice alleging a violation a 14-day period to correct the violation to avoid any financial penalties.

    By allowing a business time to correct the violation within 14 days without being subject to the retroactive $2,500 per day fine, AB 227, which is supported by the Small Business Advisory Commission formed by Assemblyman Gatto this year, would further the original intent of Prop 65—to obtain compliance with warnings for chemicals present in a product or at a retail site, according to Assemblyman Gatto.

    In other AHPA news, the association has provided formal recommendations to address misinformation that was found in the National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases’ (NIDDK) LiverTox database concerning its references to herbals and dietary supplements.

    The database, which was launched in October 2012, was designed to be a resource for healthcare professionals and researchers studying liver injury that is associated with prescription and over-the-counter drugs, herbals and dietary supplements. However, after review of the information, AHPA found that significant improvements could be made and that the database was in need of additional expert review by individuals with significant expertise in dietary supplements, natural products chemistry and pharmacognosy. In a letter to NIDDK, and an accompanying document, AHPA chief science officer Steven Dentali, PhD, offered specific suggestions for the herbs and dietary supplement (HDS) section of the website, including modifying the text to make clear that not all entries have been implicated in causing liver injury. AHPA’s inquiry also asked if the goal of the database is to expand the HDS section to include many more such entries and, if so, what criteria will be used to prioritize materials for inclusion.

    Dr. Dentali further noted that the current structure of the HDS entries is well suited for drugs, but not well suited for HDS materials. He suggested that consideration be given to revamping the structure of that section of the website, since drug-oriented fields, such as Chemical Abstracts Service numbers and chemical structures are often not appropriate to describe botanical products.
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