Von Eschenbach to be nominated as permanent commissioner

A permanent commissioner could be on the cards for FDA after President Bush signalled yesterday that he intended to nominate Andrew von Eschenbach for the job on a permanent basis - an appointment that could help smooth regulatory issues for the supplements industry.

Von Eschenbach has been keeping the top seat at the agency warm since September 2004, when Lester Crawford announced his sudden resignation just two months after being permanently appointed to the job.

The position has been enshrouded in uncertainty for several years: Crawford himself was only acting commissioner for the majority of time in his job in 2004 and 2005, and prior to that for much of 2002.

Von Eschenbach's appointment will be put to the vote in the senate.

FDA is the agency responsible for the implementation of DSHEA, the 1994 Dietary Supplements Health and Education Act. Despite being introduced more than eleven years ago, DSHEA has still not been fully implemented.

Good manufacturing practices (GMPs), which form part of it, are still outstanding - despite having been believed to the imminent for some time. The absence of these has given fuel to critics of the Act, who believe it does not provide a sufficiently robust regulatory framework.

However the industry associations defend DSHEA as a good law that falls down only where it is not fully implemented.

Part of the reason that GMPs have been so long in coming could be down to the transience at the top; Michael McGuffin, president of the American Herbal Products Association, said when Crawford was confirmed as commissioner that the industry was likely to see progress in full implementation and enforcement of DSHEA.

The latest word on GMPs has it that they were forwarded to the Office of Management and Budget - the last step in the rule-making process - for review at the end of October. This step usually takes 90 days.