Clarify Memory Supplement Oversight Roles: GAO

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The Government Accountability Office (GAO) says FDA and the Federal Trade Commission (FTC) should give consumers additional guidance to clarify the agencies’ differing roles in their shared oversight of memory supplement and other dietary supplement marketing on the Internet. A GAO report examines (1) how memory supplements are marketed and the extent to which the marketing targets older adults and may violate federal requirements; (2) related enforcement and outreach actions taken by FDA and FTC; and (3) challenges to agency oversight.

According to GAO, oversight of memory supplements falls under FDA’s general authority to regulate dietary supplements and their labeling, while FTC exercises general authority to enforce prohibitions against deceptive advertising.

“Between 2006 and 2015, FDA and FTC have taken similar types of enforcement actions for memory supplements as for other dietary supplements — with most FDA actions being Warning Letters and FTC actions being a mix of administrative and federal court actions,” the report says. “Nineteen of 551 enforcement actions involved memory supplements. The agencies coordinate enforcement actions in the same way for all dietary supplements. FDA and FTC have done some outreach to industry and consumers on dietary supplement use by older adults as well as some specific outreach related to memory supplement enforcement actions. In prioritizing enforcement and outreach efforts, the agencies focus on safety, egregiousness of deception, and impact of marketing.”

GAO reports that FDA faces challenges related to limited information about the dietary supplement market, including memory supplements, to inform its oversight efforts. It says FDA officials said they are exploring ways to obtain additional market information to improve the agency’s oversight.

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