Will the new Consumer Protection Act prevent harm to nutritional supplement users?
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Date
2011
Journal Title
Journal ISSN
Volume Title
Publisher
Health & Medical Publishing Group
Abstract
BACKGROUND. There is no clear distinction between the regulation of
food, supplements and medicines in South Africa. Consequently,
grey areas exist in implementing the legislation, particularly in the
supplement industry. The increase in supplement sales in South
Africa can be attributed to aggressive marketing by manufacturers
whose claims are not always supported by published peer-reviewed
evidence. Such claims often go unchecked, resulting in consumers
being mislead about the role of supplements. As a result of poor
regulation, contaminants or adulterants in supplements may also
cause insidious effects unrelated to the listed ingredients.
AIM. To assess the regulations, legislation, and claims associated
with nutritional supplement products in South Africa.
METHOD. Peer-reviewed literature and the relevant South African
statutes were consulted.
RESULTS. The National Health Act incorporates the Medicine
Control Council, which is charged with ensuring the safety, quality
and effectiveness of medicines, and related matters, including
complementary/alternative medicines. The South African Institute
for Drug-Free Sport and Amendment Act provides for testing
athletes for using banned substances, but currently does not
concern itself with monitoring nutritional supplements for
contaminants or adulterants that may cause a positive drug test,
which has implications for sports participants and also the health
of the general population. The implementation of the Consumer
Protection Act 68 of 2008 (CPA) could protect consumer rights if it
is administered and resourced appropriately.
CONCLUSION. The CPA should promote greater levels of policy
development, regulatory enforcement, and consumer education of
South Africa's supplement industry.
Description
Keywords
Consumer Protection Act 68 of 2008 (CPA), South African Institute for drug-free sport, South Africa, Nutritional supplements, National Health Act, Medicine
Control Council
Citation
Gabriels, G. et al (2011). Will the new Consumer Protection Act prevent harm
to nutritional supplement users? South African Medical Journal, 101: 543-545