CRN opposes new Massachusetts bill on age-restricting weight and muscle supplements
The Council for Responsible Nutrition (CRN) says a recently introduced bill in the Massachusetts, US, legislature is “even more prohibitive” than the law enacted in New York state last year. The new bill prohibits the sale of over-the-counter diet pills and supplements for weight loss or muscle building to people under 18 years old.
It would require supplements marketed, labeled or otherwise promoted for weight loss or muscle building to be placed behind the retail counter in a locked case.
CRN argues that the legislation would limit everyone’s access to these safe and regulated products. In addition, industry experts say the approach would cut consumers off from trusted products they rely on for their health and wellness needs.
Today, CRN’s counsel will argue in the US Court of Appeals for the Second Circuit that the lower court erred by not granting a preliminary injunction last year. This would have halted the New York law enforcement during the litigation process.
“The Massachusetts bill takes the regulatory overreach we saw in New York and amplifies it to a whole new level,” says Steve Mister, CRN president and CEO. “The Massachusetts proposal directly targets retailers with burdensome requirements that prevent comparison shopping and create barriers to purchase that threaten to dismantle the industry’s ability to operate in the state.”
Supplement age restrictions
New York’s age-restricting legislation also prohibits selling weight loss or muscle-building supplements for people under 18. The association’s motion to scrap the New York law was denied last year.
The trade association representing the supplement and functional food industry says the age limits violate the country’s First Amendment as they are triggered by the nature of the claims being made instead of “any actual harm from the products.”
“The state has never demonstrated that restricting the items will have any effect on eating disorders among young people, the supposed reason for the law,” states CRN.
The age-restriction bills in New York and Massachusetts cover supplements marketed, labeled or promoted for weight loss or muscle building.To determine whether a supplement falls under the new law, the state’s Attorney General must consider whether the product or its ingredients are intended for weight loss or muscle building. This covers products with ingredients approved by the US FDA for weight loss or muscle building, steroids, creatines, green tea extracts, raspberry ketones, garcinia cambogia or green coffee bean extracts.
In addition, the legislation covers products that express or imply they help to modify, maintain or reduce body weight, fat, appetite, overall metabolism, how nutrients are metabolized, and those that maintain or increase muscle or strength.
Fragmented approaches
The organization notes that bills in Massachusetts and Texas go further than the New York legislation.
Massachusetts and Texas laws mandate physical placement restrictions that prevent self-service access and complicate retail compliance. In New York, legislation mainly impacts retailers and direct-to-consumer distribution, including age verification measures for products bought for home delivery.
In addition, New York exempts protein powders that do not contain other dietary ingredients, which would be restricted in different states. Meanwhile, a new Colorado law only limits over-the-counter weight-loss drugs, not supplements.
“These discrepancies illustrate the fragmented regulatory landscape and raise concerns about economic and practical implications for both consumers and businesses operating in multiple jurisdictions,” says CRN.
CRN argues the new legislation would limit all consumer access to safe and regulated products.Ongoing opposition
CRN opposes age-restricting legislation, stating a lack of credible scientific evidence linking supplements to the onset of eating disorders.
The organization is concerned that the proposed Massachusetts law would place significant economic and logistical burdens on small businesses and retailers. Moreover, it would require extensive enforcement, adding significant financial costs.
Compliance challenges could also lead some retailers to cease carrying certain products, limiting consumer choice and access to safe, regulated products.
“By penalizing consumers and retailers rather than addressing the root causes of eating disorders among young people, Massachusetts is effectively punishing the very entities that ensure consumers have access to safe and high-quality products,” says Julia Gustafson, CRN’s VP of Government Relations.
“This overreach would lead to reduced choices and higher costs for consumers, all while undermining an industry that contributes significantly to the state’s economy.”
Last year, CRN reported that the US supplement industry contributed over US$158.6 billion to the US economy and US$20 billion in tax revenues.
Together with the Natural Products Association, CRN defeated legislation in California that would restrict and prohibit access to supplements for weight management.
