"The FDA told the 29 companies that by claiming their products could prevent, treat or cure disease, they were in effect calling them drugs, which are covered by the Food, Drug and Cosmetic Act. New drugs require FDA approval and testing to confirm safety and effectiveness."
Looks like the vendors stepped outside of the requirement stated in the DSHEA. All it takes is clever wording on their part to avoid having FDA get involved but some companies can't even figure that out. Whaddaya gonna do?