States would have to petition the FDA for exemptions from the law. Opponents of the legislation say it would effectively block state efforts to act in areas where the FDA has been ineffective or to goad the agency to regulate products it has not. In a July 11 report, the General Accounting Office said consumers may be buying some potentially unsafe products because the FDA has not set a clear safety standard for new ingredients in dietary supplements or issued regulations or guidance for safety-related information on labels. A consumer advocacy group, the Center for Science in the Public Interest, has compiled a list of laws and regulations that could be affected by the Senate bill. Michigan and Wisconsin requirements for warning labels on smoked fish.
Many states also require warnings on shellfish.
Laws in Illinois and Pennsylvania that deem egg products adulterated if they are made in a way that increases the chance of microbial contamination. Some states also are putting curbs on ephedra, a dietary supplement used to lose weight or boost energy. The FDA has not taken a position on the Senate bill. The agency is moving forward in regulating and monitoring dietary supplements but is hampered by lack of funding, said Joe Levitt, director of the agency's Center for Food Safety and Applied Nutrition. The lead Senate sponsor is Republican Pat Roberts of Kansas.