Proportionality in Public Health Regulation: The Case of Dietary Supplements

Abstract

The idea that the degree of infringement public health interventions have on individual rights should be proportional to the degree of expected benefits has emerged as an influential principle in public health ethics and policy. While proportionality makes sense in theory, it may be difficult to implement in practice, due to the inherent conflict between individual rights and the common good underlying the principle. To apply the proportionality principle to a decision of policy, one must still find a reasonable way of balancing these competing values in light of the available options and empirical evidence. In this article, I consider how the proportionality principle applies to the regulation of dietary supplements and examine some critiques of the current oversight system. I argue that it may be difficult maintain proportional oversight because the risks of dietary supplements vary considerably. Strengthening the regulations may therefore promote an appropriate level of regulation in some cases but lead to overregulation in others.

Biological Role of Unsaturated Fatty Acid Desaturases in Health and Disease

“…A higher specific PUFA consumption is recommended by doctors and nutritionists in several diseases, such as cardiovascular diseases, diabetes, and inflammatory disorders. However, the efficacy, quality, and safety of PUFA supplements available on the market are questionable because they are beyond any pharmaceutical control [83][84][85]. Several studies conducted in geographically diverse locations have shown that vegans and vegetarians have lower levels of DHA and EPA in the serum compared to omnivores [86][87][88].…”

How Should Engineered Nanomaterials Be Regulated for Public and Environmental Health?

“…17 Policymakers who are developing and applying regulations to protect public and environmental health face the dilemma of underregulation vs overregulation. 21 Underregulation occurs when regulations are not stringent or extensive enough to adequately protect public and environmental health. For example, one might argue that dietary supplements were underregulated in the United States prior to passage of dietary supplement legislation in the 1990s because existing legal frameworks did not adequately protect the public from the risks of these products.…”

“…For example, one might argue that dietary supplements were underregulated in the United States prior to passage of dietary supplement legislation in the 1990s because existing legal frameworks did not adequately protect the public from the risks of these products. 21 Overregulation, by contrast, occurs when regulations are more stringent or extensive than is required to adequately protect public and environmental health. Overregulation can have negative effects on consumer autonomy, industry, and the economy that are not offset by positive impacts on public health or the environment.…”

“…For example, HIV/AIDS activists argued in the 1980s and 1990s that the stringent Food and Drug Administration regulations and policies pertaining to drug testing and approval were preventing patients from obtaining access to life-saving medications. 21 The dilemma of overregulation vs underregulation looms large in the societal debate of how best to minimize and manage the risks of ENMs. On the one hand, creating new regulations tailored specifically to ENMs could lead to onerous policies that interfere with the medical and industrial applications of nanotechnology without yielding compensating societal benefits.…”

Effects of Daily Probiotics Supplementation on Anxiety Induced Physiological Parameters among Competitive Football Players

“…Gamma brain wave (above 30 Hz) is the fastest band, which is of high frequency, associated with the cognitive, attention tasks, and processes information from different brain areas. Beta brain wave (15)(16)(17)(18)(19)(20)(21)(22)(23)(24)(25)(26)(27)(28)(29)(30) is the next fast band in line and is associated with consciousness, active thinking, attention, focus, and anxiousness. Beta is high when individuals engage in problem-solving and critical thinking.…”