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Jarrow Formulas Responds to New York AG Schneiderman “Tripling Down”--Attacking Supplement Manufacturers as if he is an FDA Inspector

LOS ANGELES –March 6, 2015 — Jarrow Formulas®, a formulator and supplier of nutritional supplements, again strongly condemns New York Attorney General Eric Schneiderman’s actions, this time for his burdensome document request letters sent to four companies who manufactured supplements for the four retailers he attacked one month ago.

The NY AG’s gall is astonishing. First, he sent cease and desist letters (on February 3) to four large retailers, using invalid and discredited DNA barcoding testing to try to "prove" supplements on the shelves were not what they claim to be.  This set off an anti-supplement media firestorm, immediately followed by the filing of at least 30 meritless class action lawsuits.  Our industry forcefully counterattacked—with scientific experts, the testing used by the FDA itself, and even supplement critics, all debunking the value of such DNA code testing for extract products.

Second, upon having his incompetence and malintent called out, the NY AG dodged responsibility by claiming it would be inappropriate to make public the test data for peer review [!] or to comment on the "ongoing  investigation."  He also demanded of the same four retailers all of their evidence for the "health claims"—pushing way beyond the FDA’s requirement for substantiation Notifications, under Sec. 6 of DSHEA.

Third, having failed to prove the herbal extract products were noncompliant, and having received confirming test data from GNC, NY AG Schneiderman refused to admit he was completely wrong and had maligned companies in the industry on the national stage.  In an attempt to salvage his own failed scheme, he sent (on February 23) four new letters to the four companies that manufactured the herbal supplements for the four retailers. Deplorably, the move was not prompted by any complaint or allegation by a consumer or health care practitioner, or by any safety issue whatsoever.  Ignoring the doctrine of federal preemption, the NY AG served the companies with eight demands for endless records on matters unquestionably within the purview of the U.S. FDA and outside the scope of state authority—including cGMP records, the basis for product claims, and even Bioterrorism Registrations—in other words, everything under the sun.  As Jarrow Rogovin concludes:  "Anointing himself the would-be Commissioner of the FDA, this princeling chose to meddle in matters that belong exclusively on federal turf."

In sum, NY AG Schneiderman’s grounds for making these new demands are baseless.  They are an abuse of the color and authority of his official position in order to cover up for his own incompetence and to further an inappropriate personal political agenda, not the least of which is headline-grabbing self-grandiosity.  In Mr. Rogovin’s view, "This AG should be compelled to resign and face state bar discipline; and if he does not start controlling himself, he is creating grounds for disbarment proceedings.  His is a raw abuse of power."  Unfortunately, the negativity and indeed untruths about supplement safety emanating from Dr. Fabricant during his over three year tenure at CFSAN provided ample ammunition for the NY AG and the current mainstream media to stage their now constant and horribly misinformed assault on the industry.

To read Jarrow Formulas’ full statement describing the NY AG’s attempt to exceed the scope of state authority and thus "Triple Down" on dietary supplement companies, click here:  https://www.dropbox.com/s/yoa2pk60yiafwja/Tripling_Down_Full_Response_3-6-2015.doc?dl=0

ABOUT JARROW FORMULAS

Jarrow Formulas is based in Los Angeles, California, and is a formulator and supplier of superior nutritional supplements.  The company was founded in 1977 and today it markets its products in the United States and throughout the world.  Jarrow Formulas' goal is to promote optimal health based on sound scientific research data.  The company’s extensive product line includes vitamins, minerals, probiotics, coenzyme Q10, standardized herbal concentrates, amino acids, enzymes, specialty oils, phospholipids and other nutritional ingredients.  Together with its sister company (and main manufacturer), Jarrow Industries, Inc., Jarrow Formulas employs 240 people.  www.jarrow.com.

JARROW FORMULAS, INC. MEDIA CONTACT:

Rory Lipsky, Senior Director of Business Strategy, Jarrow Formulas

(310) 204-6939

rory@jarrow.com

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*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
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