Dietary Supplements, Regulation, and Risk Mitigation

Dietary Supplements, Regulation, and Risk Mitigation


One thing is that people outside the industry don’t understand the difference between FDA approved, FDA cleared and regulated by DeShey.
I remember the old days, there were people very conservative, I was in Massachusetts,
in was at Harvard, I was in Massachusetts, the bastion of medical conservatism. And there
were doctors who would say, “Well, supplements are not regulated.” But finish the sentence,
they’re not regulated like drugs. That doesn’t mean that they’re not regulated and medical
boards might misunderstand or might misconstrue or might be very aggressive and they might
say those CBD products are not regulated or are not FDA approved, therefore it was not
standard of care. Or they might say, “And also is not standard of care. So look, there
are risks. And I’m not necessarily taking a position
on whether a practitioner should or shouldn’t recommend. But I would say, “Look, there’s
the internet. I mean it’s the great leveler. People can get information.” And also while
we have to point out risks, you can’t be paranoid about everything. You can’t. I mean I don’t
think I wouldn’t want my doctor to be ineffective and say, “Oh, I saw this talk on the internet
and this lawyer was up there in a blue suit and he said that practitioners shouldn’t talk
about that. So let’s just be in silence for a minute and then pray together. Oh, we can’t
do that because I saw a video from the guy in the different colored suit, he said.” I’m sorry, we lawyers don’t run the world,
but we help people assess and I think one thing I say is for clinicians, “Good clinical
common sense, good common sense.” My bubby used to say, “yiddish right? Good yiddish.”
The Yiddish, good common sense goes a long way toward risk mitigation because you sort
of know what the parameters are, how to talk to people. And if you use good clinical common
sense and good judgment, most of the time they’ll get you very far.

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