In an effort to amend the Controlled Substances Act to more effectively regulate anabolic steroids, Sens. Orrin Hatch, (R-UT), and Sheldon Whitehouse, (D-R.I.) have introduced the “Designer Anabolic Steroid Control Act of 2012,” (SB 3431) which would, among other things, create criminal and civil penalties of up to $2.5 million and up to 10 years in prison for the manufacture, sale and/or distribution of substances defined as anabolic steroids, including drugs and a number of hormonal substances, created or manufactured with the “intent of producing a drug or other substance that either promote muscle growth; or otherwise causes a pharmacological effect similar to that of testosterone; or … marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone.”

Additionally, the legislation would add more than 25 new substances to the current lists of defined anabolic steroids, and would revise the process whereby the U.S. attorney general could add other substances to this list.
 
Herbs and other botanicals, as well as concentrates, metabolites, extracts of and constituents isolated directly from herbal ingredients are specifically excluded from the bill’s definition of an anabolic steroid.
 
The American Herbal Products Association (AHPA) endorsed this legislation and sent a letter of support to both senators stating that the “expanded controls on these substances that would be implemented by your legislation would protect consumers by better ensuring that these are not misrepresented as legitimate dietary supplements, when clearly they are not.”
 
The Council for Responsible Nutrition (CRN) also voiced it support.“This legislation will allow DEA to target substances whose chemical structures mimic other anabolic steroids and whose manufacturers and marketers promote their anabolic or muscle-building effects and give DEA new authority to remove them from the market as controlled substances,” stated Steve Mister, president and CEO, CRN. “Misbranded products that contain designer anabolic steroids present serious health risks to consumers, particularly young men who may be unaware of the dangers of anabolic steroid use. When marketers sell new unapproved steroids under the guise of supplements, it is not only dangerous for consumers, but disparages responsible dietary supplement companies producing and selling legitimate, high quality and beneficial supplements for sports nutrition and performance. We pledge to do what we can to help pass this important legislation.”