In Search of a Uniform Standard: Understanding the Legal and Regulatory Implications of Inconsistent Retailer Third-Party Testing Programs and Quality Standards

June 10, 2021 11:30am

Claudia A. Lewis
Partner
Venable LLP (Washington, DC)

Carlos Lopez
VP, General Counsel
The Vitamin Shoppe (Secaucus, NJ)

Josue Molina
VP of Quality & Regulatory Affairs
Ancient Nutrition (West Palm Beach, FL)

Several years ago, in response to actions by a NY AG that questioned the quality of dietary supplements, retailers started policing their supplement aisles by imposing their own standards and 3rd party testing requirements on supplement products sold in their stores and on their websites. More have followed suit with the largest online retailer being the latest to put its own standards into place. Unfortunately, many of these retailer programs contain duplicative or inconsistent testing requirements, leaving manufacturers to comply with only by government guidelines, but also by a patchwork of other testing requirements. Topics of discussion will include:

  • How to assess best practices for manufacturer compliance with third party testing with CVS, Amazon, and other retailers
  • Understand the controversy surrounding Amazon’s testing requirements
    • Fallout from one company’s own testing program of its competitors purchased through Amazon
    • The mystique of ISO 17025 lab accreditation
  • Explore the supplement industry’s efforts to harmonize testing standards
  • Understand metrics available to industry to demonstrate compliance with federal dietary supplement requirements to retailers
  • Explore GRMA and SSCI efforts to harmonize GMP audit standards
  • Examine legal consequences for products that do not meet individual retailer standards and are removed from shelves
  • Safeguard manufacturers from fraudulent or counterfeit products sold through Internet sales