ANTI-AGING SUPPLEMENTS SOON TO BE
ILLEGAL?!
DHEA, 7-KETO DHEA, PREGNENOLONE
UNFORESEEN VICTIMS OF ANTI-ANDRO BILL
By Patrick Arnold
If
you’re one of the millions of Americans who enjoy and benefit from anti-aging
supplements, be afraid. Be very afraid. Certain members of Congress are intent on
taking them away from you, and placing you under arrest if you possess
them! Sounds far-fetched? It’s frighteningly real, extremely serious,
and absolutely imminent! But amazingly,
practically nobody in the anti-aging / life-extension community is aware of it,
much less is denouncing it in the media.
The
villain is the so-called “Anti-Andro Bill” – H.R. 5564 – introduced last
October by U.S. Representatives
Sweeney and Osborne. Purporting to
address the use of muscle-building “andro” supplements by teens, this alarming
and wildly overbroad bill would have devastating effects on mature adults
throughout America. It would actually permit the Drug Enforcement
Administration (DEA) to schedule a wide variety of currently over-the-counter
nutritional supplements as controlled substances. In effect, this bill would authorize the arrest
and criminal prosecution of millions of Americans as drug offenders
-- just for possessing supplements like DHEA, 7-keto DHEA, and pregnenolone! Those
caught with these currently legal supplements -- proven to have powerful health
benefits and anti-aging properties --
would even be subject to federal asset forfeiture laws, permitting the
government to seize and retain private property! All this would be done by making an end-run
around the proper lawful procedures, and without any evidence of legitimate
public health concerns or dangers to American adults. The bill seeks to deal a staggering blow to
nutritional supplement freedom and the Dietary Supplements Health and Education
Act (DSHEA)!
Sounds
too outrageous to be true? Think again!
The
Anatomy of H.R. 5564
The
intention of the bill is supposedly to keep testosterone precursors like
androstenedione away from teens. But rather
than restricting sales of these items to minors, H.R. 5564 would restrict all
steroid hormone precursors from people of all ages. And not by making them prescription
medicines, but by reclassifying them as controlled substances (see sidebar for
the specific definition of what a “controlled substance” is). The bill would accomplish this by
“bootstrapping” these compounds into the federal Anabolic Steroid Control
Act. This act was a 1990 revision to the
original Controlled Substances Act of 1970, and it reclassified anabolic
steroids from simple prescription medicines to highly restricted Schedule III
controlled substances. Mere possession
of a schedule III controlled substance without a valid prescription is a federal
drug offense with serious potential penalties that can even include jail time.
Let’s
look at the actual language of the bill.
It’s crucial that life extensionists and
anti-aging enthusiasts understand what this language really means, because it
was written that way for a reason. That
reason, chillingly, is to allow the government to extend its grasp far beyond
testosterone precursors and teens, giving them the power to control non-andro
steroid hormone precursors (DHEA, 7-keto DHEA, pregnenolone,
etc.) and the mature adults who take them.
The following is the heart of the bill:
SECTION 1. SCHEDULING OF CERTAIN SUBSTANCES.
(a) DEFINITION- Section 102(23) of
the Controlled Substances Act (21 U.S.C. 802(23)) is amended--
(1) by
striking `(A)' and inserting `(B)(i)';
(2) by
striking `(B)' and inserting `(ii);
(3) by
striking `(C)' and inserting `(iii); and
(4) by
inserting after `means a substance--' the following new subparagraph:
`(A) which the Attorney
General has found to be, and by regulation designated as being, the immediate
chemical precursor of an anabolic steroid that has been scheduled as a
controlled substance (hereinafter in this subparagraph referred to as
`scheduled anabolic steroid') which either is a metabolite of a scheduled
anabolic steroid or is transformed in the body directly into a scheduled
anabolic steroid or the metabolite of a scheduled anabolic steroid; or'.
(b) PLACEMENT ON SCHEDULE- Section
201(e) of the Controlled Substances Act (21 U.S.C. 811(e)) is amended--
(1) by
inserting `or for the immediate precursor of a scheduled anabolic steroid,
without regard to the requirements of section 102(41), including the
requirement that the substance promote muscle growth' after `section 202(b)';
and
(2) by adding at the end the
following: `However, once an immediate precursor described in section
102(23)(A) is placed in a schedule pursuant to this section, it becomes a
controlled substance and the Attorney General may schedule an immediate
precursor of that substance in accordance with this section.
While
all this legalese may seem overly technical, it’s very important to understand
the scope of what’s written here. The
key language starts in paragraph 1(a)(4). This is where the primary qualifications for
a controlled steroid precursor are outlined in a new subparagraph “(A)”. Interpreted simply, this new subparagraph
says that an immediate precursor to a controlled anabolic steroid shall itself
become a controlled anabolic steroid.
Case in point: immediately upon
passage of this bill, androstenedione, which is the precursor to the controlled
anabolic steroid testosterone, will automatically become a controlled steroid.
All
right, that part is pretty obvious. It’s
in subsection 1(b) where the sneakiness begins.
First off, look at the troubling language of paragraph 1(b)(1): “…without regard to … the requirement that the
substance promote muscle growth” (emphasis added). This language changes the bill from one
designed to simply eliminate the supposedly muscle-promoting andro products, to
a bill that eliminates ALL steroid precursors – such as anti-aging precursors
like 7-keto and pregnenolone that have absolutely
nothing to do with muscle mass.
Precursors
of Precursors of Precursors…
Okay,
so the real intention is revealed in 1(b)(1). It’s in 1(b)(2) that
the mechanics of how the anti-aging steroid precursors will be swept
up. This paragraph states, in effect,
that not only precursors of anabolic steroids will be controlled, but precursors
of precursors of anabolic steroids, and then precursors of precursors of
precursors, etc. Get the
picture? This is the silver bullet,
folks, because look at how it works:

This
is one of the main metabolic pathways of pregnenolone
to testosterone. H.R. 5564 is written so
that androstenedione, because of its conversion to testosterone, becomes
classified as a controlled substance.
Now, according to paragraph 1(b)(2), the
Attorney General can then declare DHEA a controlled substance because it is the
immediate precursor of androstenedione, now a controlled substance. As soon as that is completed, the process can
repeat itself with 17alpha-hydroxypregenolone and finally end with pregnenolone being classified. There they go, like dominoes, all
criminalized by simple administrative act.
At that point, there’s not much any person, agency, or citizen’s action
group can do about it. It’s already the
law of the land, and you’re a criminal if you violate it.
Don’t
Forget the Metabolites!
What
about 7-keto DHEA? Does it escape the
tentacles of this far-reaching bill? No
hope there, I’m afraid. They were
careful not to leave that one out. Take
a look at this:

7-keto
DHEA is not a precursor of DHEA; however it is
a metabolite. Now if you look
back to the new subparagraph (A) proposed in 1(a)(4),
you will see that they modified the language to include metabolites as
well. They obviously wrote this bill
with the intention to make it as broad in scope as possible – to go beyond just
the andro-type immediate precursors and to swipe up every steroid hormone precursor product being sold today as a
nutritional supplement!!!
Wake
Up, America!
If
you are a life extensionist or anti-aging supplement
user, then we are going to spell it out for you. Don’t be deceived by the stated goals of this
bill. This dangerous bill tries to sneak
dietary products that are dear to you into a bill that is being promoted to
Congress and to the media as seeking to ban over-the-counter anabolic
steroids. With images of kids taking
andro to hit home runs like Mark McGwire in the mind
of Congress, coupled with the support of the United States Anti-Doping Agency
(USADA), the NFL, and the NCAA, the political pressure to vote for this bill is
almost overwhelming. Unfortunately, what
the proponents of this bill are NOT telling anyone is that this bill is
about a lot more than andro. It’s
also about sneaking in as many other supplements as possible – supplements that
do NOT have the stigma of andro, and that otherwise would be much more
difficult to eliminate from shelves.
You
Must Act Immediately!!
H.R.
5564 is a high priority bill that has received tremendous media coverage the
past several weeks in a wide variety of outlets including The New York Times
and The Washington Post. Rep.
Sweeney has made clear that he is going to push as hard as possible to get it
passed quickly.
Unfortunately,
right now there is practically no resistance to this bill. With its politically popular “save our teens”
message and well-hidden assaults on adult freedoms, H.R. 5564 is basically a
home run – that is, unless we act and act quickly!! Scream out to the politicians on Capitol Hill
that mature American adults want supplement freedom, not an expansion of
the war on drugs into our very own neighborhood health food stores! Please contact the United Supplement Freedom
Association, Inc. (USFA), a not-for-profit coalition dedicated to the
preservation of nutritional freedoms for American adults. You can visit online right now at
www.USFA.biz, where you can click on the
Anti-Aging section and follow the instructions on how to petition your
congressional representatives to demand that they fight this bill!! A form letter and list of representatives is
available. Alternatively, you can write
and contribute to the USFA through the association’s general counsel, Rick
Collins, Esq., United Supplement Freedom Association, Inc., One Old Country Road,
Suite 250, Carle Place, New York, 11514.
WE must act immediately to let our voice be heard, or face the beginning
of the end of our supplement freedoms!!!
What is a “Controlled
Substance”?
While many drugs require a
prescription from a physician, some drugs are deemed so dangerous that further
restrictions are warranted. These drugs
are called “controlled substances.”
According to Rick Collins, Esq., performance drug and supplement legal
expert and General Counsel for the USFA, federal law has created five schedules
of these controlled substances. Anabolic
steroids are in Schedule III. In order
to put a drug into Schedule III, the government has to find that it meets
certain requirements:
(A) The drug or other substance has a
potential for abuse less
than the drugs
or other substances in schedules I and II.
(B) The drug or other substance has a
currently accepted
medical use in
treatment in the United
States.
(C) Abuse of the drug or other
substance may lead to moderate
or low physical
dependence or high psychological dependence.
How does the government decide if
a drug meets the requirements to become a controlled substance? The authority to add new substances to the
schedules is given to the Attorney General.
To start the inquiry, he’s supposed to request an evaluation and
recommendations from the Secretary of Health and Human Services regarding the
drug’s potential for abuse and the need for scheduling. H.R. 5564 circumvents the established
procedures, and attempts to classify all steroid hormone precursors simply by
act of Congress.
What
crisis compels such a radical act? What
evidence suggests that health-affirming substances like DHEA, 7-keto DHEA and pregnenolone have a potential for abuse or dependence of
any kind? Absolutely
none. Most life extensionists and anti-aging enthusiasts would agree that
no such potential exists, and that to schedule these compounds as drugs of
abuse is ludicrous.
Particularly troubling, as Mr.
Collins points out, is that controlled substance status carries with it serious
consequences. Controlled substances fall
under the jurisdiction of the DEA, not the FDA.
If H.R. 5564 passes, the mere unlawful possession of steroid hormone
precursors will be a federal crime punishable – like the possession of
narcotics and other hard drugs – with a range of potential sentences including
incarceration. Bottom line from Mr.
Collins: this bill will put otherwise law-abiding mature adults in jail for
what are now health food store nutritional supplements!
