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Correspondence The Committee on Energy and Commerce W.J. "Billy" Tauzin, Chairman Committee Leaders Question NASCAR Regarding the Use of Ephedra-Containing Supplements April 9, 2003 Mr. Michael Helton Dear Mr. Helton: The recent death of 23-year old Baltimore Orioles pitcher
Steve Bechler, whose use of an ephedra-containing supplement was a contributing
factor in his tragic death, according to the Broward County Medical Examiner's
Office, has raised questions about whether Federal action should be taken to
address safety concerns related to ephedra-containing supplements. The Committee
on Energy and Commerce has jurisdiction over matters relating to food and drugs,
the regulation of commercial practices, including sports-related matters, and
public health generally. Accordingly, we have initiated a comprehensive review
of safety issues surrounding the use of ephedra-containing supplements. In response to new studies providing additional evidence of safety concerns
that may be associated with ephedra-containing supplements, the Department of
Health and Human Services (HHS) recently announced several regulatory and
enforcement actions intended to protect Americans from potentially serious risks
of ephedra-containing supplements. HHS also issued a public statement cautioning
the public about the use of ephedra-containing supplements, particularly in
combination with strenuous exercise or other stimulants. Moreover, HHS is
seeking expedited public comment on: (1) new evidence on health risks associated
with ephedra to establish an up-to-date record as quickly as possible to support
new restrictions on ephedra-containing products; (2) whether the currently
available evidence and medical literature indicate a "significant or
unreasonable risk of illness or injury" from dietary supplements containing
ephedra; and (3) a new warning label on any ephedra supplements that continue to
be marketed. According to various media accounts, ephedra has been linked to numerous
deaths and 1,400 reports of health-related problems, including strokes, heart
attacks and seizures. A recent study published in the Annals of Internal
Medicine that compared the safety of ephedra supplements to other herbal
supplements concluded that the relative risk for an adverse reaction from
ephedra supplements was more than 100-fold higher compared to any other herb.
The study also notes that 64% of all adverse reactions to herbal supplements in
the U.S. came from supplements containing ephedra, while ephedra-containing
products represented only 0.82% of herbal product sales. The recently released
results of a RAND Corporation study commissioned by the National Institutes of
Health (NIH) provides additional evidence that ephedra-containing supplements
may be associated with increased health risks, while finding only limited
evidence of health benefits resulting from ephedra use. In light of the potential adverse effects of ephedra products, the National
Football League ("NFL"), the International Olympic Committee
("IOC"), and the National Collegiate Athletic Association ("NCAA")
have all banned the use of ephedra products by their respective athletes. Last
week USA Today reported that a National Association for Stock Car Auto Racing
("NASCAR") team trainer estimated about 80% of NASCAR crewmembers may
have tried ephedra-containing products to boost energy or lose weight. This
week, USA Today reported that NASCAR is reviewing its policy allowing the use of
ephedra-containing products and is considering other options, including
instituting a ban or regulating the use of ephedra-containing products among
NASCAR's drivers and crews. The Committee is seeking clarification of NASCAR's
policies (or lack of policies) with respect to the use of ephedra products among
its racecar drivers and crews. Due to recent press reports raising additional questions about the safety of
ephedra products and NASCAR's decision to allow the use of ephedra products
among its players, we are requesting that, pursuant to Rules X and XI of the
U.S. House of Representatives, you provide the Committee with the information
requested below by Wednesday, April 23, 2003. From 1995 through the present, state whether NASCAR has procedures
relating to reporting or tracking of adverse health events among professional
racecar drivers and their crew. If so, identify the entities to which these
reports are made, the individual(s) responsible for retaining such information,
and describe the specific procedures and whether they apply to adverse events
relating to dietary supplements (including, but not limited to, ephedra
products). Provide a copy of all procedures described in this question. All records relating to NASCAR's position on the use and/or ban of dietary
supplements (including, but not limited to, ephedra products) by NASCAR drivers
and crew. State when NASCAR first adopted its "Substance Abuse Policy" and
began random drug tests of drivers and crew and explain NASCAR's decision to
include certain types of legal substances, such as cough syrup with codeine, in
its "Substance Abuse Policy." Provide all copies of NASCAR's
"Substance Abuse Policy" from its inception to the present. State whether any employee(s) or agent(s) of NASCAR has reviewed or
requested a review of any scientific literature that concerns the health effects
of dietary supplements (including, but not limited to, ephedra products) on
athletes or other persons. If so, provide the following information: The name of author and title and date of literature; The identity of the person(s) within NASCAR (or person acting at its
request) that reviewed the literature; The date when the literature was reviewed; and All records relating to such review. State whether employees or agents of NASCAR did any analysis or review of
the NFL's, NCAA's or IOC's decisions to ban the use of ephedra products. If so,
provide all records that relate to such analysis and/or review. From 1995 through the present, state whether NASCAR had any meetings where
the topic of the banning and/or use of dietary supplements (including ephedra)
were considered. If so, provide the date of the meeting, identity of each
participant at the meeting and all records of the meeting that relate to the
banning and/or use of dietary supplements by professional athletes or other
persons. State whether NASCAR has received or reviewed any health complaints or
notification of adverse health events relating to ingestion of dietary
supplements (including, but not limited to, ephedra products) by NASCAR drivers
or crewmembers. If so, provide the number of complaints, an identifier for each
complainant, the date of each complaint, the person or entity to which each
complaint was referred, and a description of the resolution of each complaint,
including any action taken by NASCAR or other entity in response. State the NASCAR's current position on the use and/or banning of dietary
supplements (including ephedra), as well as on random testing of players for
dietary supplements (including ephedra), and whether NASCAR has any plans to
formally review their current policy or to create a policy relating to the use
of ephedra products by its players. Please note that, for purposes of responding to this request, the terms
"records" and "relating" should be interpreted in accordance
with the attachment to this letter. The term "you" or "your"
means the National Association for Stock Car Auto Racing or one or more of its
divisions, subsidiaries or affiliates, or related entities. If you have any questions, please contact Alan Slobodin, at (202) 225-2927 or
Kelli Andrews, at (202) 226-2424, of the Committee Staff. Sincerely, W.J. "Billy" Tauzin Michael Bilirakis Cliff Stearns James C. Greenwood ATTACHMENT The term "records" is to be construed in the broadest sense and
shall mean any written or graphic material, however produced or reproduced, of
any kind or description, consisting of the original and any non-identical copy
(whether different from the original because of notes made on or attached to
such copy or otherwise) and drafts and both sides thereof, whether printed or
recorded electronically or magnetically or stored in any type of data bank,
including, but not limited to, the following: correspondence, memoranda,
records, summaries of personal conversations or interviews, minutes or records
of meetings or conferences, opinions or reports of consultants, projections,
statistical statements, drafts, contracts, agreements, purchase orders,
invoices, confirmations, telegraphs, telexes, agendas, books, notes, pamphlets,
periodicals, reports, studies, evaluations, opinions, logs, diaries, desk
calendars, appointment books, tape recordings, video recordings, e-mails, voice
mails, computer tapes, or other computer stored matter, magnetic tapes,
microfilm, microfiche, punch cards, all other records kept by electronic,
photographic, or mechanical means, charts, photographs, notebooks, drawings,
plans, inter-office communications, intra-office and intra-departmental
communications, transcripts, checks and canceled checks, bank statements,
ledgers, books, records or statements of accounts, and papers and things similar
to any of the foregoing, however denominated. The terms "relating," "relate," or
"regarding" as to any given subject means anything that constitutes,
contains, embodies, identifies, deals with, or is in any manner whatsoever
pertinent to that subject, including but not limited to records concerning the
preparation of other records Related Documents The
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