Ullman Quoted in NutraIngredients-USA

Marc Ullman was quoted in a NutraIngredients-USA article, “FDA’s new advisory list receives mixed reactions from industry.” The article discusses how the FDA announced a new ‘rapid communication tool,’ called the Dietary Ingredient Advisory List. Trade groups and industry experts applauded the effort, but many opined that this step still has much left to be desired in terms of enforcement.

“You’re dealing in a very weird market…especially for the kind of substances we’re looking at [on the list], Ullman said. “You’re dealing with consumers who’s concern is ‘These products may not be available, I need to buy more.”

“FDA, working with a US attorney’s office to bring cases in these instances, doesn’t even need to prove intent to violate the law if they charge them a misdemeanor. The Food and Drug act is a strict liability statute for misdemeanors, so it’s not a gigantic project. All FDA has to do is prove that the company marketed the product and they can convict them of a misdemeanor. That would get people’s attention,” Ullman advised.

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