CRN motion to scrap age-restricted law on dietary supplements gains federal support

16 May 2024 --- A federal court in the southern district of New York, US, has denied the State of New York’s motion to dismiss the Council for Responsible Nutrition’s (CRN) claims that the recently enacted age-restriction law in the state infringes on lawful commercial speech and violates the First Amendment rights of supplement marketers and retailers.

“In holding that CRN’s claims made plausible the inference that the statute ‘might very well regulate protected speech,’ this decision allows us to move forward on the merits of the case,” says Steve Mister, president and CEO of CRN. 

“The judge has already recognized that CRN has standing to pursue these claims on behalf of our members. Yesterday’s ruling was another milestone toward invalidating these illegitimate restrictions. We are confident in the strength of our legal arguments.”

Lawful claims on supplements
The federal ruling allows CRN to continue its argument on the merits that the law infringes on the right to make truthful and lawful claims for specific dietary supplements that may assist with weight management or provide muscle support. 

The judge previously ruled that CRN has standing to pursue these claims on behalf of its members. CRN argues that the statute infringes on First Amendment rights by restricting truthful commercial speech and access to lawful products without clear scientific justification.

CRN also argued that the age restrictions are invalid because they are void for vagueness, they represent excessive use of the state’s police powers without adequate justification, and are preempted by the FDA’s federal regulatory framework for the regulation of dietary supplements and its labeling claims.

Mister notes: “Even as we prepare to appeal the district court judge’s earlier decision on our preliminary injunction, we are encouraged by his ruling yesterday on our First Amendment argument.”

“The judge denied the State of New York’s motion to dismiss our claim that the age restriction law infringes on lawful commercial speech and violates the First Amendment rights of our members to make truthful and lawful claims for their products.”

Deemed an ambiguous law
CRN filed the lawsuit in March, arguing that the law’s broad and ambiguous definitions lead to unwarranted restrictions on a wide range of dietary supplements. CRN alleged that the law’s imprecise language creates a chilling effect on commercial speech, prompting retailers to overly restrict access to beneficial products out of fear of penalties.

While the district court judge granted the state’s motion to dismiss other causes of action in CRN’s complaint, the association is also evaluating its opportunities to appeal those portions of the decision. 

The law, enacted in October 2023, prohibits retailers from selling dietary supplements to individuals under 18 if the products or their ingredients are labeled, marketed or otherwise represented for weight loss or muscle building. 

“Like the supporters of this law, CRN’s member companies take the rise in eating disorders among young people seriously. However, this law is an example of misguided regulation that harms the industry and consumers. Our lawsuit seeks to enjoin the enforcement of the law and protect the rights of our members to communicate truthful information about their products,” Mister concludes.

Meanwhile, in a new report, CRN specified the US supplement industry’s positive impact on jobs, wages, taxes and other financial contributions in all 50 states and congressional districts. In 2023 alone, the industry contributed over US$159 billion to the US economy and US$20 billion in tax revenues.

By Inga de Jong