Jack Wenik Quoted in “Industry Expects Dietary Supplement Regulation to Increase Under Biden”

Inside Health Policy

Jack Wenik, Member of the Firm in the Health Care & Life Sciences and Litigation practices, in the firm’s Newark office, was quoted in Inside Health Policy, in “Industry Expects Dietary Supplement Regulation to Increase Under Biden,” by Kelly Lienhard. (Read the full version – subscription required.)

Following is an excerpt:

Supplement industry lawyers say FDA has stepped up its oversight of dietary supplements and they predict that oversight will become even stronger under the Biden administration, but leading supplement lobbyists are optimistic that at the state level the strict chain of production approach used by California won’t spread to other states and could even be ratcheted back by courts in California.

Jack Wenik, member of Epstein Becker & Green, said that dietary supplement regulation will “unfortunately be much more active and onerous” under President Joe Biden, particularly for the manufacturers of finished products.

“One thing I’m noticing that’s been of interest to me is this whole focus on making dietary supplement manufacturers responsible for the entire chain of production,” Wenik said. “The government, in my anecdotal experience, is taking a much tougher line on these sorts of things.”

Wenik predicted that there will be more cases in which prosecutors will allege “conscious avoidance,” claiming that dietary supplement manufacturers either turn a blind eye to or aren’t diligent enough in quality control to catch contaminated raw ingredients when creating their product.