§4.1 Enactment of NLEA

• Jurisdiction: United States
• Publication year: 2022

§4.1 Enactment of NLEA

In 1989, the Nutrition and Labeling Education Act was put forward in a House bill,¹ followed by a Senate version.² Directed to improving the information on nutrition labels for the benefit of consumers, both bills apparently died without full consideration.

H.R. 3562, titled Nutrition Labeling and Education Act of 1990 (NLEA), was put forward following the two previous bills.³ The bill included provisions to require vitamins with certain types of claims be subject to an evaluation of the validity of the claims.⁴ The purpose for the act was to bring vitamins and other substances up to the labeling standards of other foods that contain claims that the food will treat a disease or health condition.⁵ The bill was enacted November 8, 1990.⁶

In 1992, H.R. 6181 was put forward as the Prescription Drug User Fee/Dietary Supplement Act of 1992.⁷ The purpose of the Dietary Supplement Act of 1992 was to impose a fourteen-month moratorium on the previously enacted NLEA provisions for health claims used with dietary supplements.⁸ As enunciated by Senator Bingaman, "This measure simply gives us time to develop a comprehensive, thoughtful, and fair solution to the question of dietary supplement regulation, which has confused the Federal Government and American people for decades."⁹

The Dietary Supplement Act of 1992 was enacted October 1992, effectively placing a moratorium on the NLEA of 1990 until December 31,1993.¹⁰

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Notes:

^[1] H.R. 3028, 100th Cong., (1989), as indicated by Senator Henry Waxman, was brought forth because "The Food and Drug administration has been studying the issue of nutrition labeling since the Carter administration. That's simply too long. The FDA is incapable of taking the kind of strong, decisive action the public demands. It is incumbent upon Congress to help consumers get accurate information about the nutritional content of the foods they consume and feed their families," 101 Cong. Rec. 2702 (1989).

^[2] S. 1425, 100th Cong., (1989).

^[3] H.R. 3562, 101st Cong., (1990).

^[4] Statement of the House Floor Managers, 101 Congressional Record 12953 (1990).

^[5] Pub. Law 101-535; 104 Stat. L. 2353 (1990).

^[6] Id.

^[7] Primarily, H.R. 6181 proposed drug manufacturers to pay fees to expedite the new drug approval process. The Dietary Supplement Act of 1992 was under Title II of the bill.

^[8] 102 Congressional Record 17237 (1992).

^[9] Reasons given to delay implementation of the NLEA included ". . . First, the statutory...