Outrage: Crouching Government, Hidden Snake Oil

Recently, outside the Public Citizen offices in Dupont Circle, a fluorescent yellow flyer appeared heralding the arrival of an "Immunity Breakthrough!! Biochoice". This "clinically proven" product was said to be "effective against viruses and bacteria" and "directed against microorganisms of human concern." The claim that Biochoice would "greatly enhance autoimmune response" was off-putting; which if true, Biochoice would increase the severity of diseases like lupus and rheumatoid arthritis, an effect the producer presumably did not wish to claim. Nonetheless, we called the number on the flyer to obtain more information about this product.

A few days later, a few samples of Biochoice Immune Support (french vanilla, strawberry and chocolate flavored) arrived in the mail, along with a mysterious tape entitled "This Tape Is Banned!" by Mark Yarnell. Yarnell is a "presidential distributor" for Legacy For Life, the marketing arm of Biochoice's producer, DCV Inc.

"I have taken control of my aging so that stroke, cancer, dementia, and diapers are never part of my future; so that I can feel eighteen till the day I die," expounds Yarnell in a tone reminiscent of Jimmy Swaggart (in fact, Yarnell was a minister prior to joining the multi-level marketing industry, a polite term for pyramid scheme marketing). Yarnell then relates a heart-wrenching story of how his parents died horrible, tortured deaths and how it "could have been prevented" had Biochoice been on the market. "My mom and dad are gone, are yours? Or could you get them on Biochoice right now?," asks Yarnell. Before we could avail ourselves of this life altering therapy the tape automatically changed sides and the flip-side of Yarnell's scheme was revealed. Side two of the tape, entitled "What Matters Most", makes it clear that what matters most, to Yarnell at least, is the bottom line.

Apparently Mr. Yarnell has been named "the greatest network marketer in the world" by Upline Magazine, a multi-level marketing industry publication. This industry is based on the premise that one can make large sums of money by selling a product from home and recruiting distributors who will become a guaranteed revenue resource for the company. In this scheme, Yarnell benefits from the sale of Biochoice because a portion of all sales through his distributor network is kicked back to him. Graciously, this pyramid scheme profiteer invites us to become distributors of Biochoice so that we may join him "on the beaches of the world."

Intrigued, we investigated the Biochoice web page where we found a link to an article in Alternative and Complementary Therapies, the "official journal of the Society for Integrative Medicine", that explained the secret of Biochoice. Biochoice's producers use "hyperimmune egg" technology, a process in which unsuspecting chickens are inoculated with bacteria, undoubtedly the source for their company's logo: a muscle flexing chicken. The eggs, now enriched with protective antibodies to the aforementioned agents, are then "spray dried and formulated into capsules of pure product or a flavored vitamin-, mineral-, and nutrient-rich powder called Biochoice." Not discussed, however, is the likelihood that human digestive enzymes in the gastrointestinal tract would destroy any active antibody that was spared by the spray dry process. Could it be that somewhere in this country thousands of chickens are being exposed to human pathogens for the sole purpose of producing antibodies that may benefit no one other than DCV? All that chicken power for naught!

Unfortunately, dietary supplement producers are able to make such fantastical claims without adequate supervision by the Food and Drug Administration (FDA). The 1994 Dietary Supplement Health Education Act (DSHEA) explicitly allows producers and distributors of dietary supplements to make "structure and function" claims without FDA evaluation. This means that DCV can legally say that Biochoice "balances and supports the immune system," but cannot claim that Biochoice cures immunologic disease. Perhaps the difference is obvious to the supplement manufacturer's lawyer or federal regulators, but it is a point likely to be glossed over by desperate AIDS patients looking for a cure. These minor distinctions are easily exploited by disingenuous marketing and slick advertising.

Biochoice is relatively benign compared to the hundreds of supplements that actually contain pharmacologically active ingredients. Weight loss supplements containing ephedra and guarana produce effects similar to amphetamines and have been implicated in adverse events ranging from psychosis and stroke to death. The active compounds in St. John's Wort are able to change the way the liver processes other drugs and can cause severe drug interactions with at least 15 medicines, including oral contraceptives, antidepressants, and immunosuppressants used to ward off rejection of transplanted organs. Already several kidney transplant recipients have lost their new kidneys due to the inhibitory effect of St. John's Wort on the anti-rejection drug cyclosporin. Every day that passes without adequate regulation of dietary supplements places more people at risk for lethal drug interactions or direct toxicity from the supplements themselves.

DSHEA has provided the makers of Biochoice and other unscrupulous dietary supplement manufacturers with a shield against false claim liability. The FDA has been made to crouch, hamstrung by a restrictive law that was strongly supported by the so-called nutraceutical industry. In the meantime, the supplement trade has grown from a $3.7 billion cottage industry in 1992 to a mighty $15.3 billion dragon in 1999 that markets an unproven and largely unregulated product. The victims are the vast majority of consumers who mistakenly believe that the law protects them from these modern day snake oil peddlers and prevents the sale of potentially lethal food supplements.

What You Can Do

• Call your congressperson and ask that he or she support the repeal of DSHEA. Congressional Switchboard, (202) 225-3121.
• Call the FDA's Center of Food Safety and Applied Nutrition (CFSAN) and demand that Good Manufacturing Practice regulations for the dietary supplement industry be released. Joseph Levitt, Director of CFSAN, (202) 205-4850.
• Carefully evaluate the contents of any dietary supplements that you might purchase. Many of them contain pharmacologically active compounds that can result in injury and even death.
• Remember that a balanced diet with adequate exercise is a proven and safe way to maintain your health.
• Tell your doctor about any dietary supplements you are taking.
• Report any adverse events due to dietary supplements to the FDA at Food and Drug Administration, Office of Emergency Operations, (301) 443-1240; http://www.fda.gov/medwatch/index.html