A group of 14 state attorneys general ("AGs"), led by the New York AG, has asked Congress to investigate the herbal supplements industry. As reported in a previous Jones Day Update, the New York AG recently conducted an investigation and announced the formation of a coalition with several state attorneys for an expanded probe of herbal supplement business practices. The group of AGs has now sent a letter asking Congress to give FDA more control over herbal supplements. The Council for Responsible Nutrition, a major dietary supplement trade association, responded by saying that allegations of widespread safety issues are untrue and explained that the government's post-market surveillance system demonstrates that there are relatively few safety issues with regard to these products.

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