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Attorney Defends Metabolife’s Record

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In his March 27 column “ ‘Natural’ ” Defense Trapped Metabolife,” Michael Hiltzik began by stating that he went to San Diego to interview Metabolife President David Brown in order to “see how a company handles life in a cross-fire largely of its own making.”

Unfortunately, Hiltzik used a biased presentation that added fuel to a “cross-fire” that was not of Metabolife’s making.

For example, Metabolife has publicly pursued government regulation of ephedra-based products since 1996, when it asked the California Department of Health Services to impose universal standards on the ma huang industry, including labeling and good manufacturing practices.

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Since then, Metabolife has consistently sought Food and Drug Administration regulation of its ephedra-containing products, including:

* Strict science-based dosage limits and medical condition warnings conspicuously included on the label of all ephedra-based products.

* A ban on the irresponsible marketing of ephedra-based products to minors because of the potential temptation for young people to misuse and abuse these products.

* For a similar reason, a ban on the marketing of ephedra-based products to athletes for performance enhancement.

* The establishment of industrywide standards to ensure good manufacturing practices.

* And, recently, a nationally enforced, mandatory call-reporting system to the FDA for adverse health events reported by consumers regarding ephedra-based products.

Hiltzik suggested in his column that ephedra manufacturers do not “have a body of reliable clinical studies at hand to muster in their own defense.” That is false. In more than 55 clinical studies conducted over 20 years, not a single study indicated an increased incidence of serious adverse health events for people taking ephedra as compared with a placebo, as recently confirmed by a Rand Corp. report.

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The fact that these clinical studies are ignored in favor of nonscientific anecdotal evidence substantiates Brown’s quoted statement that “reason, logic and science have long since left the discussion.”

Hiltzik characterizes as an “all-purpose dodge” the fact that Metabolife urges consumers to read the label carefully and follow its mandates. That red herring would suggest the same criticism of other products with warning labels, from toys to baking soda. The fact is that responsible adult consumers ought to have the choice to read warning labels and use products that science has shown to be safe and effective when taken as directed.

Lanny J. Davis

Attorney for Metabolife Inc.

Patton Boggs

Washington

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