I watched your show this week. Had some great laughs with you about so-called “gas station drugs.” Any product named “Rhino 69 Mega Platinum Extreme” deserves public ridicule. Frankly, if a pill for a serious medical condition is sold next to beef jerky, motor oil, and a rack of trucker sunglasses, consumers should probably proceed with caution.
But while the jokes landed, the diagnosis missed the mark.
You were absolutely right about one thing: Products marketed for opioid withdrawal, erectile dysfunction, or recreational highs have no business masquerading as dietary supplements. Consumers should avoid these products because they may be far more addictive, far more potent, and far less predictable than the labels suggest. Some contain hidden pharmaceutical ingredients. Others are marketed with the subtlety of a flamethrower at a fireworks factory.
And yes, many of these products operate in what looks like a regulatory Wild West.
But here’s where your segment took a wrong turn worthy of a GPS with its wires crossed: you blamed DSHEA.
You claimed the Dietary Supplement Health and Education Act “exempted the supplement industry from virtually all regulation.” That’s a great punchline. It’s also completely untrue.
In fact, your own segment quietly admitted the opposite when you noted there are rules governing supplement ingredients and marketing — “but many simply ignore them.”
Exactly.
That’s the problem.
The issue is not the absence of law. It’s the absence of meaningful enforcement.
Blaming DSHEA for illegal products is like blaming speed limit signs for reckless drivers. The problem is not that rules don’t exist. The problem is that bad actors have conclude—often correctly—that nobody is enforcing them consistently enough to create real deterrence.
And these products are not exactly hiding.
As you pointed out, many are labeled “research chemicals” or “not for human consumption”—which is always comforting to see on something sold beside a microwave burrito. Others slap a vaguely official-looking “Product Facts” box on the label in the regulatory equivalent of a fake mustache and glasses.
But regardless of what the label says, these products are not lawful dietary supplements.
The FDA already has authority to act against adulterated and misbranded products. The agency can seize products, issue injunctions, pursue criminal sanctions, and shut facilities down. The problem is not that FDA lacks authority. The problem is that enforcement has too often been sporadic, reactive, and overwhelmed by a rapidly growing gray market.
Meanwhile, legitimate dietary supplement companies operate under a comprehensive federal regulatory framework that includes:
mandatory facility registration
mandatory Good Manufacturing Practices
mandatory adverse event reporting
mandatory labeling requirements
mandatory recordkeeping and inspection authority
Notice a pattern here, John? These aren’t “guidelines.” They’re legal requirements.
Now, are there bad actors who ignore those requirements? Absolutely. There are also people who ignore tax laws, securities laws, and the instruction manuals for IKEA furniture. Human beings are remarkably committed to bad decisions.
But the existence of criminals does not mean there are no laws.
One practical step forward would be a mandatory product registry for dietary supplements. At minimum, it would give FDA visibility into the universe of products being marketed as supplements and help distinguish legitimate products from sketchy chemistry experiments with names like “Black Panther” and “Super Bull Titanium Rhino Maximum.”
Because if those products had to be formally listed in a federal registry, they would become a lot easier to identify, investigate, and remove from the market.
And that’s the part missing from your segment.
This isn’t a story about an industry operating without rules. It’s a story about what happens when laws go unenforced long enough that opportunists realize they can make a fortune selling mystery pills at gas stations while regulators struggle to keep up.
That may not be quite as satisfying as blaming a 1994 statute with an acronym that sounds like a minor “Star Wars” character.
But it happens to be true.
Steve Mister is the President and CEO of the Council for Responsible Nutrition, which just created a superhero to illuminate the need to pass the Dietary Supplement Listing.