The Council for Responsible Nutrition (CRN) expressed its disappointment after the U.S. Court of Appeals for the Second Circuit declined to grant a preliminary injunction to pause enforcement of the New York law restricting the sale of certain dietary supplements to individuals under 18.
Oral arguments for the appeal were heard on Jan. 24, 2025. The Second Circuit did not disturb the lower court’s denial of a preliminary injunction, but CRN’s broader lawsuit challenging the constitutionality of the law based on the First Amendment will still proceed.
The New York law took effect on April 22, 2024, and prohibits retailers from selling over-the-counter dietary supplements to minors that are “labeled, marketed or otherwise represented for weight loss or muscle building.” Rather than banning specific ingredients, the law focuses on the how the products are marketed, which CRN argues is an “unlawful restriction on commercial speech under the First Amendment.”
CRN has consistently refuted the claim that there is a “causal relationship between dietary supplement use and the development of eating disorders or body dysmorphia.” A 2022 published in Nutrients concluded that “the available literature does not establish a direct cause-and-effect relationship between dietary supplement use and disordered eating behaviors,” and emphasized most supplement users report using these products responsibly as part of their health and fitness goals.
CRN maintains that the policies restricting access to supplements based on “unfounded assumptions risk” undermines legitimate health and wellness practices while not addressed the “complex, multifactorial causes of eating disorders.
“While we are disappointed in the court’s decision not to halt enforcement at this stage, we remain confident in the strength of our constitutional challenge. This law improperly targets truthful, lawful marketing claims about dietary supplements and represents a troubling attempt to regulate speech, not safety,” said Megan Olsen, senior vice president and general counsel of CRN.
“This case is far from over. We are prepared to continue fighting for the principle that the government cannot suppress commercial speech simply because it disapproves of the message. Consumers and companies alike deserve regulatory frameworks that are rooted in science, not stigma,” added Steve Mister, president and CEO of CRN.
For more information, visit www.crnusa.org.
