Key Moments
Supplement Regulation, Steroids, and Rick Collins, Esq. (Podcast Episode 4)
Stronger By ScienceKey Moments
Supplement regulation is complex and often poorly enforced, with risks and third-party testing discussed.
Key Insights
The supplement industry is regulated, but enforcement often falls short, allowing banned substances to remain on the market.
New dietary ingredients require notification to the FDA, but exemptions and self-affirmations can be exploited.
Third-party testing, particularly the highest tiers involving WADA panel checks, is crucial for high-risk individuals.
The demand for performance-enhancing effects drives the market, leading to a cycle of new ingredients replacing banned ones.
Strict liability in drug testing means athletes are accountable for any substance in their system, regardless of intent.
While many supplements are likely safe, contamination and intentional spiking are risks that necessitate caution.
The legal status of CBD as a supplement is unclear, posing challenges for consumers and businesses.
ATHLETIC PURSUITS AND THE BO JACKSON COMPARISON
The episode opens with host Eric Trexler discussing his hip pain, which draws a comparison to Bo Jackson, a renowned two-sport athlete whose career was cut short by hip issues. Trexler expresses frustration with this comparison, emphasizing his goal to be recognized for intellect as much as athleticism, not just as another dual-sport phenom. He clarifies his 'two sports' are natural bodybuilding and classic bodybuilding, highlighting the distinct training demands of each.
REMARKABLE FEATS OF STRENGTH AND DRUG-TESTING PERSPECTIVES
Greg details extraordinary feats of strength, including a 600-pound bench press at a relatively light weight class and a 2,000-pound gym total in powerlifting. The discussion touches on the prevalence of non-drug-tested athletes and differing perspectives on drug use in sports. Trexler shares how his younger self dismissed drug testing in powerlifting, focusing on personal progress, while also reflecting on his past, naive belief that he could reach an 'Olympia level' with performance-enhancing drugs.
THE REGULATORY LANDSCAPE OF DIETARY SUPPLEMENTS
The conversation pivots to supplement regulation, with the key takeaway being that while supplements are regulated by the FDA and FTC, enforcement is often insufficient. Companies can make misleading claims, and recalled products may still contain banned ingredients years later. The legal definition of a 'dietary ingredient' and pathways for new ingredients, including exemptions and self-affirmations of safety, are explored, revealing significant loopholes.
CHALLENGES IN ENFORCING SUPPLEMENT REGULATIONS
Research highlights how poorly regulations are enforced, with studies showing a high percentage of recalled products still containing banned substances. The FDA's actions against synthetic stimulants like DMAA and others are discussed, illustrating a pattern where banned ingredients are replaced by similar chemicals. It's suggested that for some companies, violating regulations is more profitable than adhering to them, leading to a calculated risk-taking approach.
NAVIGATING THE RISKS: THIRD-PARTY TESTING AND CONSUMER PROTECTION
For individuals subject to strict drug testing, avoiding supplements is the safest option. Alternatively, relying on third-party testing is recommended. Different tiers of certification exist, from basic Good Manufacturing Practices (GMP) to comprehensive testing that includes the WADA panel of banned substances. The highest tier is advised for those with a lot to lose, given the risks of contamination and intentional spiking, which can lead to failed drug tests.
THE UNCLEAR STATUS OF CBD AND LEGAL IMPLICATIONS
The legal classification of CBD as a dietary supplement remains ambiguous, with the FDA maintaining it's not a lawful ingredient despite its widespread availability. The risk of testing positive for THC, even from CBD products, poses a significant concern for athletes and others subject to drug testing. This uncertainty underscores the dynamic and often confusing nature of the supplement market.
LEGAL EXPERTISE AND THE EVOLVING SUPPLEMENT INDUSTRY
Attorney Rick Collins, a top legal expert in steroids and dietary supplements, provides insights into the regulatory framework. He corrects the misconception that supplements are unregulated, explaining they are not regulated like drugs but are subject to FDA and FTC oversight. Collins discusses the historical changes in legislation, the challenges of enforcement, and the constant cycle of new ingredients emerging to replace banned ones due to consumer demand.
STRICT LIABILITY IN DRUG TESTING AND THE 'TAINTED SUPPLEMENT' EXCUSE
Collins explains the concept of strict liability in drug testing, where athletes are held accountable for any substance in their system, regardless of intent or how it got there. While the 'tainted supplement' excuse is sometimes used, it's often difficult to prove. However, documented cases exist where athletes failed drug tests due to contaminated supplements, highlighting the importance of third-party certifications and retaining samples.
THE PERSISTENCE OF DEMAND AND INNOVATION IN SUPPLEMENTS
The inherent demand for muscle-building and performance-enhancing products drives the supplement industry, leading to a continuous cycle of innovation. When one category of substances, like prohormones or certain stimulants, faces regulatory crackdowns, new alternatives emerge. This includes SARMs, which, though potentially effective, are unapproved drugs and should not be sold as supplements, indicating the ongoing tension between consumer demand and regulatory oversight.
BALANCING REGULATION AND INDUSTRY GROWTH
While acknowledging the existence of bad actors, Collins suggests that the supplement industry, with GMPs and existing laws, is not entirely a 'Wild West.' He argues that more legislation isn't necessarily needed but rather better enforcement and resources for agencies like the FDA. The discussion also touches upon how excessive regulation could impact smaller companies, emphasizing a balance between consumer protection and industry viability.
THE SCIENTIFIC VALIDITY OF RESEARCH AND SUPPLEMENT CLAIMS
The episode concludes with a cautionary note about interpreting research, particularly findings indexed on PubMed. Some studies, especially those on lesser-known herbal supplements, may lack rigorous evidence, relying on tradition or anecdotal claims without robust data. This highlights the importance of critically evaluating scientific literature, even when it appears reputable, to distinguish evidence-based claims from less substantiated ones.
Mentioned in This Episode
●Supplements
●Products
●Software & Apps
●Organizations
●Books
●People Referenced
Supplement Safety and Drug Testing Checklist
Practical takeaways from this episode
Do This
Avoid This
Common Questions
Yes, dietary supplements are regulated by the federal government, specifically the FDA and FTC in the United States. However, they are not regulated with the same pre-approval process as prescription drugs, which sometimes leads to misconceptions about a lack of regulation.
Topics
Mentioned in this video
A former American football running back, considered one of the greatest of all time.
A former American football running back, known for his time with the Kansas City Chiefs.
A record-holding powerlifter known for his squat strength, including a 905-pound squat in a local meet before becoming widely known.
Legendary bodybuilder, actor, and former governor, known to Rick Collins, who can do an impression of him.
An Olympic swimmer who famously tested positive for a steroid due to a contaminated multivitamin, highlighting quality control issues in supplement manufacturing.
The expert at the Banned Substances Control Group who conducts tests on samples to determine if products are contaminated with banned substances.
A legendary Japanese powerlifter who has competed since 2001, won numerous bench press world championships, and recently benched 529 lbs in the gym at 161 lbs.
A number one ranked middleweight boxer who tested positive for methylsynephrine, later traced to a contaminated supplement he was taking.
A junior USAPL powerlifter who achieved a 2000-pound gym total in the 93kg class, with a 715 squat, 480 bench, and 805 deadlift.
A highly impressive Paralympic bencher from Egypt, competing in the 123kg class and benching 455 lbs, significantly exceeding non-Paralympic records.
A top lawyer specializing in steroid and dietary supplement law, providing expertise on regulation, enforcement, and the legal landscape of the fitness industry.
A powerlifter known for his impressive totals, including 2033 pounds in the 198-pound class, which was miles ahead of others at the time.
A German boxing champion whom Sam Salomon fought in Dusseldorf, Germany.
An American football halfback, known as 'The Galloping Ghost,' who was one of the most celebrated athletes of the 1920s.
A former American football running back, inducted into the Pro Football Hall of Fame.
A Russian powerlifter who benched 601 pounds at 198 pounds bodyweight, noted for his impressive strength despite not being drug-tested.
A researcher who has published peer-reviewed studies on the shortcomings of FDA oversight in the supplement industry, particularly regarding anabolic compounds and synthetic stimulants.
Former senior editor-in-chief of Muscular Development magazine, who convinced Rick Collins to write his book 'Legal Muscle'.
An Olympic athlete who tested positive for clenbuterol, which was later found to be in a supplement she was pitching for, demonstrating product contamination.
Also known as geranium root, it was a common stimulant in pre-workout supplements before being banned, and its structural similarity led to a false positive for methamphetamine.
A substance that was marketed as a prohormone but is effectively a steroid, highlighting the mislabeling and lack of strict enforcement in the supplement market.
A class of chemicals that emerged to replace prohormones, purportedly having similar effects to steroids on performance and hypertrophy by selectively stimulating androgen receptors in bone and muscle.
A beta-2 agonist used as a bronchodilator in some countries but banned in sports due to its stimulatory effects, found in contaminated supplements.
The podcast hosts' own platform, which published an article explaining supplement regulation.
An agency with regulatory authority over dietary supplements, particularly concerning misleading claims in marketing materials.
An independent, non-profit organization that tests products and publishes reviews, mentioned in the context of reporting dangerous levels of heavy metals in protein powders.
A program/organization that provides certification for dietary supplements, ensuring quality, safety, and no banned substances.
The federal agency responsible for regulating dietary supplements, ensuring claims are not ridiculous and products are not obviously illicit, but faces challenges in enforcement.
An international independent agency responsible for promoting, coordinating, and monitoring the fight against drugs in sport. Their panel of banned substances is used as a benchmark for supplement testing.
A federal agency that, along with police, began to investigate and enforce laws related to steroid possession and use after it was criminalized in 1990.
A certification program that tests supplement products for banned substances, offering a seal of assurance for athletes.
A certification body that offers a seal for dietary supplement companies as a third-party service, testing for banned substances.
A free search engine accessing databases of references and abstracts on life sciences and biomedical topics. It's highlighted as a source where misleading or poorly evidenced studies can still be found.
A steroidal precursor product that hit the market in the late 90s, followed by many other similar compounds before stricter laws were put in place.
An herbal stimulant and fat burner that was banned by the FDA in 2004 due to adverse health effects, leading to the rise of substitutes like DMAA.
A compound found in cannabis, traces of which in CBD products can cause athletes or employees to fail drug tests, leading to job loss or competitive disqualification.
An herbal supplement with cultural and religious significance, but cited in a PubMed paper with an exaggerated list of benefits and questionable scientific backing.
An ingredient that was subject to FDA warning letters, indicating it was a misbranded product and not suitable for dietary supplements.
A powerful and addictive stimulant, discussed in the context of a drug test false positive caused by a pre-workout supplement.
A prohormone that will get converted into an active hormone in the body, but usually doesn't do anything for healthy persons with normal testosterone levels other than aromatize into estrogen.
A widely used dietary supplement ingredient, but the FDA states it is not a lawful dietary supplement ingredient, creating a fertile area for potential legislation and enforcement.
A prohormone similar to DHEA, converted to a hormone in the body, which was prevalent in the market but often ineffective for healthy individuals.
A brand name for oxandrolone, an anabolic steroid. While not mentioned directly, the discussion about SARMs creating similar effects to steroids on performance and hypertrophy implies the comparison to such pharmaceutical agents.
An analog of DMAA, a stimulant that appeared on the market as a substitute for DMAA, but also received warning letters from the FDA.
A law passed in 2014 that significantly cracked down on the prohormone market by expanding the definition of an anabolic steroid to include many supplement-type ingredients.
A recent law that addressed some issues regarding the sale of CBD, specifically removing the DEA from most situations concerning it, but not changing the FDA's stance on CBD as a lawful supplement.
A law enacted in 1994 that overhauled supplement legislation in the US, allowing the market to flourish by regulating supplements as food rather than drugs.
Legislation that criminalized the possession of anabolic steroids, leading to major changes in the fitness industry and legal landscape.
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