CRN and NPA quash attempt to enact dietary supplement prohibition legislation

19 Aug 2024 --- The Natural Products Association (NPA) and the Council for Responsible Nutrition (CRN) reveal the organizations’ efforts have successfully defeated legislation in the California state legislature (CA AB 82) that would restrict and prohibit access to dietary supplements for weight management following a last attempt by lawmakers to enact the proposal.

“We cannot rest easy because this is now the third attempt at this misguided proposal, and we are convinced that it will not be the last. If you are a company involved in the manufacturing, distribution or sales of dietary supplements and other healthy natural products, our message is clear: stay involved and engaged,” says Daniel Fabricant, Ph.D., president and CEO of the NPA.

“More states are considering copycat legislation that is a clear and present danger to our industry and the benefits our products provide. If these bills were to be enacted, the cost of doing business would soar and consumers would be negatively impacted. We need to stay united and defeat these growing efforts, or we will find ourselves out of business altogether.”

Over-the-counter measures

If the bill had been passed, it would have made it necessary for retailers to post warning signs at purchase counters saying that dietary supplements are known to cause serious adverse events, including stroke, organ failure and even death, despite no scientific evidence supporting the claim.

The bill did not address similar warning requirements for online sales. Failure to comply with the legislation would have resulted in fines of up to US$1,000 for each infraction, and a legislative analysis suggested that ingredients, including vitamin D and calcium, were potentially harmful.

In May, a federal court in the southern district of New York, US, denied the State of New York’s motion to dismiss 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 April, CRN filed an emergency motion to prevent the law, which puts an age restriction on the sale of weight loss and muscle-building dietary supplements from being passed in New York. The dietary supplement and functional food trade association says its grounds for filing is that the law hinders access to safe supplements.

Meanwhile, the US FDA unveiled a new draft guidance for the dietary supplement industry, presenting not-yet-binding recommendations concerning new dietary ingredients and superseding the 2016 revised draft guidance.

Opposition to legislation

The NPA testified in opposition to the bill and activated its grassroots network that generated calls and emails to state officials. In 2022, Governor Gavin Newsom (D-CA) vetoed nearly identical legislation after the NPA requested the action.

In September 2022, the governor of California vetoed AB1341, which would have restricted access to dietary supplements and required a prescription in some cases. 

Fabricant notes: “The sad fact is that these proposals don’t support science, health or protecting consumers. As we have demonstrated repeatedly in public testimony and official correspondence to officials in California and elsewhere, there is not a single data point connecting the use of eating disorders and dietary supplements. If there were, the FDA would be required to remove that product from the market.”

The CRN issued a public statement about the bill’s defeat. “The fact that AB 82 is not advancing further in this legislative session is a win for consumers in California. CRN has raised significant concerns with this bill and will continue to do the same with regard to any other similar legislation that attempts to impose age restrictions on dietary supplements,” says Steve Mister, president and CEO of the CRN.

“Such restrictions, also proposed in several other states, are unnecessary given the strong safety profile of these federally regulated products and the lack of scientific data connecting them to eating disorders in young people. Limiting access based on age also harms local retailers and reduces access to these products for everyone.”

By Inga de Jong