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April 9, 2003
Mr. Robert W. Goodenow
Executive Director
National Hockey League Players Association
777 Bay Street
Suite 2400
Toronto, Ontario M5G2C8
Dear Mr. Goodenow:
The recent death of 23-year old Baltimore Orioles pitcher Steve Bechler,
whose use of an ephedra-containing supplement was a contributing factor in his
tragic death according to the Broward County Medical Examiner's Office, has
raised questions about whether Federal action should be taken to address safety
concerns related to ephedra-containing supplements. The Committee on Energy and
Commerce has jurisdiction over matters relating to food and drugs, the
regulation of commercial practices, including sports-related matters, and public
health generally, has initiated a comprehensive review of safety issues
surrounding the use of ephedra-containing supplements.
In response to new studies providing additional evidence of safety concerns
that may be associated with ephedra-containing supplements, the Department of
Health and Human Services (HHS) recently announced several regulatory and
enforcement actions intended to protect Americans from potentially serious risks
of ephedra-containing supplements. HHS also issued a public statement cautioning
the public about the use of ephedra-containing supplements, particularly in
combination with strenuous exercise or other stimulants. Moreover, HHS is
seeking expedited public comment on: (1) new evidence on health risks associated
with ephedra to establish an up-to-date record as quickly as possible to support
new restrictions on ephedra-containing products; (2) whether the currently
available evidence and medical literature indicate a "significant or
unreasonable risk of illness or injury" from dietary supplements containing
ephedra; and (3) a new warning label on any ephedra supplements that continue to
be marketed.
According to various media accounts, ephedra has been linked to numerous
deaths and 1,400 reports of health related problems, including strokes, heart
attacks and seizures. A recent study published in the Annals of Internal
Medicine that compared the safety of ephedra supplements to other herbal
supplements concludes that the relative risk for an adverse reaction from
ephedra supplements was more than 100-fold higher compared to any other herb.
The study also notes that 64% of all adverse reactions to herbal supplements in
the U.S came from supplements containing ephedra, while ephedra-containing
products represented only 0.82% of herbal product sales. The recently released
results of a RAND Corporation study commissioned by the National Institutes of
Health (NIH) provides additional evidence that ephedra-containing supplements
may be associated with increased health risks, while finding only limited
evidence of health benefits resulting from ephedra use.
In light of the potential adverse effects of ephedra supplements, the
National Football League ("NFL"), the International Olympic Committee
("IOC"), and the National Collegiate Athletic Association ("NCAA")
all have banned the use of ephedra supplements by their respective athletes. In
contrast, neither the National Hockey League ("NHL") nor the National
Hockey League Players Association ("NHLPA") has taken any action, to
date, to ban ephedra use among its players. We are seeking additional
information from the NHLPA on what, if any, further steps the NHLPA has taken or
will take to address the issue of ephedra use among its players.
In light of the recent press reports raising additional questions about the
safety of ephedra supplements and the NHLPA's position regarding the use of
ephedra-containing supplements by its players, we are requesting that, pursuant
to Rules X and XI of the U.S. House of Representatives, you provide the
Committee with the information requested below by Wednesday, April 23, 2003.
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From 1995 through the present, state whether
the NHLPA has procedures relating to reporting or tracking of adverse health
events among hockey players. If so, identify the entities to which these
reports are made, the individual(s) responsible for retaining such
information, and describe the specific procedures and whether they apply to
adverse events relating to dietary supplements (including, but not limited
to, ephedra supplements). Provide a copy of all procedures described in this
question.
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From 1995 through the present, all records
relating to the collective bargaining process between the NHLPA and the
hockey club owners that relate to the use and/or ban of dietary supplements
(including, but not limited to, ephedra supplements).
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Identify all employees or agents of the NHLPA
who were responsible for negotiating the issue of whether dietary
supplements (including, but not limited to, ephedra supplements) should be
banned from use by hockey players. Include in your response the name of the
person(s), the entity with which the person is affiliated, and the person's
title.
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All records relating to the NHLPA's position on
the use and/or ban of dietary supplements (including, but not limited to,
ephedra supplements) by hockey players.
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State whether any NHLPA personnel has reviewed
or requested a review of any scientific literature that concerns the health
effects of dietary supplements (including, but not limited to, ephedra
supplements) on athletes or other persons. If so, provide the following
information:
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The name of author and title and date of
literature;
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The identity of the person(s) within the
NHLPA (or person acting at its request) that reviewed the literature;
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The date when the literature was reviewed;
and
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All records relating to such review.
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State whether the NHLPA has received or
reviewed any health complaints or notifications of adverse health events
that were related to ingestion of dietary supplements (including, but not
limited to, ephedra supplements) by hockey players. If so, provide the
number of complaints, an identifier for each complainant, the date of each
complaint, the person or entity to which each complaint was referred, and a
description of the resolution of each complaint, including any action taken
by NHLPA or other entity in response thereto.
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State whether employees or agents of the NHLPA
did any analysis or review of the NFL's, NCAA's or IOC's decisions to ban
the use of ephedra supplements. If so, provide all records that relate to
such analysis and/or review.
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State the NHLPA's current position on the use
of ephedra-containing products and whether the NHLPA is revisiting, or has
plans to revisit, their current decision to allow ephedra use among hockey
players. If your position on the use of ephedra-containing products has
changed, please describe the new position and explain the reasons for such
change.
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Explain all steps taken by the NHLPA, to date,
since Mr. Bechler's autopsy results were released on March 13, 2003, to
address the issue of ephedra use among your players.
Please note that, for purposes of responding to this request, the terms
"records" and "relating" should be interpreted in accordance
with the attachment to this letter. The term "you" or "your"
means the National Hockey League Players Association or one or more of its
divisions, subsidiaries or affiliates, or related entities.
If you have any questions, please contact Alan Slobodin, at (202) 225-2927,
or Kelli Andrews, at (202) 226-2424, of the Committee staff.
Sincerely,
W.J. "Billy" Tauzin
Chairman
Michael Bilirakis
Chairman
Subcommittee on Health
Cliff Stearns
Chairman
Subcommittee on Commerce, Trade, and Consumer Protection
James C. Greenwood
Chairman
Subcommittee on Oversight & Investigations
ATTACHMENT
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The term "records" is to be construed in the broadest sense and
shall mean any written or graphic material, however produced or reproduced, of
any kind or description, consisting of the original and any non-identical copy
(whether different from the original because of notes made on or attached to
such copy or otherwise) and drafts and both sides thereof, whether printed or
recorded electronically or magnetically or stored in any type of data bank,
including, but not limited to, the following: correspondence, memoranda,
records, summaries of personal conversations or interviews, minutes or records
of meetings or conferences, opinions or reports of consultants, projections,
statistical statements, drafts, contracts, agreements, purchase orders,
invoices, confirmations, telegraphs, telexes, agendas, books, notes, pamphlets,
periodicals, reports, studies, evaluations, opinions, logs, diaries, desk
calendars, appointment books, tape recordings, video recordings, e-mails, voice
mails, computer tapes, or other computer stored matter, magnetic tapes,
microfilm, microfiche, punch cards, all other records kept by electronic,
photographic, or mechanical means, charts, photographs, notebooks, drawings,
plans, inter-office communications, intra-office and intra-departmental
communications, transcripts, checks and canceled checks, bank statements,
ledgers, books, records or statements of accounts, and papers and things similar
to any of the foregoing, however denominated.
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The terms "relating," "relate," or
"regarding" as to any given subject means anything that constitutes,
contains, embodies, identifies, deals with, or is in any manner whatsoever
pertinent to that subject, including but not limited to records concerning the
preparation of other records.
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