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The House Committee on Energy and Commerce
Subcommittee on Oversight and Investigations
July 23, 2003
10:00 AM
2123 Rayburn House Office Building
Honorable Representatives, my name is Kevin Riggins. My wife and I live in
Lincoln, Illinois. On September 3, 2002, we lived every parent's worst nightmare
when our only child, Sean Riggins, died from a heart attack. Sean was a gifted
athlete, excelling in football, wrestling and Tae Kwon Do. He had no congenital
heart problems and he was in the peak of health. He had just passed his athletic
physical examination in order to start football. As we were to find out later,
the heart attack had been brought on by the usage of a dietary supplement called
ephedra. My wife and I were not familiar with this particular substance; in
fact, we had no idea that Sean had been taking it. As we were to discover later
through investigation and conversations with Sean's teammates, numerous
teenagers, including athletes, and young people trying to lose weight, were
using these products. The teens could buy these pills at the corner gas stations
with pocket change. The little packages, which promote weight loss, performance
and energy enhancement, were being sold right next to the Twinkies and candy
bars, in fact, the use of these products was so casual, none of the kids
believed that they were taking a drug. With the marketing style and the ease in
which they could be obtained, the teens thought nothing of it. "They sell
these things in the stores, they are not illegal, so they must be okay".
This was a quote from one of my sons friends. As it turns out, the vast majority
of the American public believes this as well. As Americans, we believe that our
regulatory organizations, in this case the F.D.A., are protecting our interests
by not allowing dangerous products to be sold, especially in regards to what we
put in our bodies. In the case of ephedra, we could not be more wrong. As you
well know, The Dietary Supplement Health and Education Act of 1994, allows
dietary supplement companies to operate with virtually no federal oversight. A
company does not need a license to produce these products nor are there any no
pre-market approval requirements. There have never been any Good Manufacturing
Practice guidelines developed for these companies and they have a voluntary
adverse event reporting system. When a supplement poses a risk of serious injury
or death, the burden of proof falls to the Government to prove cause and effect.
This is the exact opposite of the rules and regulations set up for drug
companies. It is no surprise that the supplement industry wants no changes to be
effected in the federal requirements. This is an 18 billion dollar per year
industry which does not seem to care that it is producing products that kill.
According to the FDA and several medical organizations including the American
Heart Association and the American Medical association, ephedra has killed at
least 117 persons and accounts for almost 20, 000 serious adverse events. Please
bear in mind that these are reported adverse events. The supplement companies do
not divulge these facts readily or willingly, therefore, we truly do not know
how many citizens have been affected by these products. The Poison Control
Center recently published a study showing that ephedra is the most dangerous
dietary supplement on the market. They used adverse event reports, from the
industry, to come to this conclusion. The Ephedra Education Council immediately
labeled the study as "garbage". They claimed that utilizing adverse
event reports was not a valid way of conducting studies such as this.
Conversely, they have touted the Rand Corporations study of ephedra's safety and
efficacy as bearing out what they have said all along; that ephedra is safe if
used as directed. This, of course, is not true. The Rand study was inconclusive.
Ironically, the Rand Corporation utilized the available adverse event reports in
conducting the study. It seems that the industry only agrees with a study if it
agrees with there agenda. The industry claims that there are 55 studies that
show the safety and efficacy of ephedra. They bring out physicians, pathologists
and other scientists to bolster their claims that ephedra is safe and effective.
What they do not say, is that the large portion of these studies are
commissioned, financed, supervised and published by the supplement companies,
many times using their own people to conduct the studies. The ephedra industry
has, unfortunately, become a collection of rogue corporations that care for
nothing but the bottom line. Look at the criminal records of some of the CEO's
of these companies, and you will see a pattern of criminal activities and
corruption. These are the facts, not innuendo, not speculation. Ephedra is a
dangerous drug that is being sold as an innocuous weight loss aid and stimulant.
Here in Illinois, our general assembly recognized that fact. In November, 2002,
I began a campaign to educate our state lawmakers on the dangers of ephedra, and
to encourage them to take action. On May 28, 2003, those efforts came to
fruition, when after a unanimous yea vote in both house, Gov. Rod Blagojevich
signed the Ephedra Prohibition Act making Illinois the first state in the nation
to ban ephedra products. Now there are several other states taking up the
initiative as well, however, I believe that you, our national leaders, need to
take up the cause at the federal level and protect our citizens from this
dangerous substance. Labeling requirements are not enough, as we have seen
studies that show dosage variations of up to 154% between pills in the same
bottle. This makes the dosage requirements listed on the label of no use. Age
limitations are not enough; less than ten percent of the adverse events
associated with ephedra were attributed to persons under the age of eighteen.
The only logical course of action is to remove ephedra from the market
completely, and impose stricter regulations on dietary supplement companies to
ensure the purity and safety of their products. This is not an issue of trying
to stifle business or over-regulating legitimate companies, this is an issue of
protecting the American consumers and ensuring the public health. No other
family should have to suffer the loss of a child, be that child 16 or 46. My
wife and I will never get over the loss of our son, but we can try to make sure
that it does not happen again, and to do that, I need your help. Look past the
industry rhetoric and all of the misdirection and obfuscation. Help us get
ephedra off of the market. The industry will survive and so will our American
brothers and sisters. Thank you.
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