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TRANSCRIPT
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May 28th, 2015 Daniel S. Fabricant, Ph.D.
CEO & Executive Director, NPA [email protected]
STATES ALIVE: OUR RECENT EXPERIENCE
WITH THE NY AG 1
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� 114th Congress – pro-business, R-House, R-Senate ¡ Friends in high-places
� Upcoming presidential cycle � Issues – Federal GMOs, FSA/HSA redo, FTC, FDA/
DoJ accountability, NDI draft guidance and FSMA implementation
January, 2015 - Once upon a time in a land far, far away…….
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Fire One
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� Ag claimed to have tested a few lots of BDS from Walmart, Walgreens, Target and GNC.
� Claimed to find other ingredients, and raised a possible risk of allergens
� AG asked for C & D on selling the lots/batches of those products
� Data was scant, not peer-reviewed � No formal filing � Press hit pieces – tidal wave – used two messages
¡ GMP non-compliance ¡ “Public Health Catastrophe”
What happened?
“Botanicals” in the Food & Dietary Supplement marketplace
Ingredients & Raw materials
¡ Raw herb & powders
¡ Botanical Extracts ÷ Ratios (5:1, 10:1, 50:1 etc) No standardization to chemical
markers
¡ Standardized Botanical Extracts ÷ Specific chemical markers or chemical classes
¡ Highly enriched phytochemicals from botanicals
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Why Authenticate?
� Ensure identity of product � Safety � Confirm the right product is used � Provide traceability in a finished product � Ensure accidental or economically motivated
adulterants are not present � Comply with regulatory guidelines
DNA Barcoding
� A process of closely examining the sequences of DNA to identify unique sections and comparing those to collected/fingerprinted references
� While many genes in the DNA can be the same, they can vary greatly in specific sections and can be characteristic markers even in closely related species
� Provides great opportunity for speciation and confirmation
� Used extensively for a few decades, primarily in living/ animal species
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DNA Barcoding
� Recent years garnered significant academic & research interest in speciation of the plant kingdom
� Plant kingdom is extremely complex with multiple variables ¡ Species /variants
÷ Example: 50-150 variants of holy basil; ~15 species of Actaea (black cohosh is one of them)
¡ Geographical variability
¡ Harvest time variability ÷ Seasonal variability
¡ Plant part of use ÷ Root; aerial parts, flowers, seeds etc
Plant DNA extraction challenges
� Presence of polysaccharides, polyphenols and other secondary metabolites
� Numerous protocols are published each year
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DNA extraction from cinnamon bark
Other DNA testing remarks • Supplements containing plant extracts should be tested using
analytical methods targeting active components rather then source DNA
• Multi-marker reference database is required for accurate
identification
• Species level resolution in many plant species will require multiple markers
• Trace contamination with other plant species might occur at any stage of manufacturing process
• Validated protocols involving NGS approach should be developed for authentication of herbal supplements and raw herbal materials
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¡ Heat
¡ Low or high pH i.e. extreme acidic or basic environments
¡ Non-aqueous solvents
DNA Barcoding Limitations - DNA denaturing
DNA Barcoding Technique – Processing Effects
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DNA Barcoding Limitations
� Complex procedure – ground for potential errors
� Cannot differentiate plant part
� Sequences are affected by level of processing and can cloud identification procedures
� Cannot identify/differentiate chemical components
� Level of validation of identification methods can have an impact on test samples
� Integrity of data in databases for verified reference materials – possible errors
Take home messages on DNA Barcode testing
• DNA in plant powders is less degraded in comparison with plant extracts and suitable for authentication
• Plant powders with low DNA content and/or heavy polysaccharide
content (such as bark powders) might be problematic for DNA extraction and contaminated by traces of other powders, which can be preferentially amplified by PCR
• Such contamination can occur at any time during harvesting, processing or warehouse handling of plant materials
• Two or more markers will be required for species level resolution • NGS is required for identification of mixed source samples
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Take home messages
• Bioac1ve components extrac1on involves manufacturing processes not aiming for DNA extrac1on and possibly leading to DNA degrada1on, especially if water-‐based extrac1on and high temperatures are involved
• DNA degrada1on will be different in each process
• Supplements prepared with plant extracts are likely to have very low concentra1on of degraded DNA (if any)
• DNA extrac1on and subsequent PCR might be problema1c due to high concentra1on of poten1al inhibitors
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� Questions on substantiation of claims for St. John’s Wort, Ginkgo biloba, Panax ginseng by the original 4 retailers
Second round
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� 4 major manufacturers of BDS – requests data on how the products meet quality specs, similar request
� A few new ones – data on claims for gluten free, hypo allergenic
� Nature’s made, Nature’s way, Nutraceutical, NBTY
Third time is the charm?
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� “Formation of a coalition of state attorneys general from Connecticut, Indiana and Puerto Rico to further investigate the business practices of the herbal supplement industry.”
� Bipartisan � Language pulls in products recalled for drugs –
these products aren’t DS but…..
4th course?
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� Agreed to do some DNA barcoding where the tech was available
� Response was mixed � State and class action suit relief � Q1 – on the street � 3 other major retailers – no settlement at present � Read the settlement carefully – exact same products
allowed back on the shelf and AG not sure part 111 goes far enough (supply chain)
GNC settlement
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� Letter from 14 states and territories AG’s for congress to investigate BDS
� Connecticut, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Massachusetts, Mississippi, New Hampshire, Northern Mariana Islands, Pennsylvania and Rhode Island
� Sent to Senate Commerce (Moran (R-KS)/Blumenthal (D-CT) and E & C health subcommittee (Pitts (R-PA)/Pallone (D-NJ))
Drive for 5 - Keep the cards and letters coming
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What have we done?
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� Sent over 6,000 email messages specific to the issue, around 2k to NY AG’s office
� Started to use social media � More willingness to send to Congress then the states
Grassroots
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� AG will continue to work in the area – supply chain issues & issue with how botanicals are labeled
� Too much press – we will get a congressional challenge in the 114th
� The positioning will be different than previous challenges – open amendment tree – congress is actually passing legislation
� Other state challenges � Watch state pre-emption in GMO debate � More bad press
Next steps
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� Engage with the states – RAGA/DAGA, etc. � Grassroots � No mon, no fun � Transparency – questions on testing, product quality,
all the way through the supply chain, push our message out
What we need to do
� Daniel Fabricant, Ph.D. Natural Products Association 1773 T Street, NW Washington, DC 20009 Phone: (202)-223-0101 ext. 101 Fax: (202)-223-0250 [email protected] www.naturalproductsassoc.org
Thank You!