On Sept. 15, the Council for Responsible Nutrition (CRN) submitted a new filing to the Department of Justice (DOJ) regarding the New York State supplement law.
On Oct. 25, 2023, New York Governor Kathy Hochul signed Assembly Bill A5610-D/Senate Bill S5823-C, banning the sale of weight-loss and sports nutrition supplements to minors.
In its filing, CRN highlights New York’s recently enacted General Business Law, which restricts the sale of certain of certain dietary supplements to adults and minors if products are “labeled, marketed or otherwise represented for the purpose of achieving weight loss or muscle building.”
According to CRN, the law has national implications such as “disrupting interstate commerce, raising costs, chilling truthful speech and complicating retailer compliance.” CRN argued the law conflicts with the Federal Food, Drug and Cosmetic Act because it adds new barriers on federally regulated labeling claims—something Congress explicitly preempted.
CRN also argued “consumer access is at stake.” According to the association, by blocking minors (and in some cases adults without ID) from buying “otherwise lawful” products, the law could “reduce access to safe, federally regulated dietary supplements while doing little to address eating disorder risks.”
“This DOJ filing raises questions not just about New York’s policy, but about how federal and state authority intersect in regulating dietary supplements—and whether other states may follow suit,” CRN said in a statement.
For more information, visit www.crnusa.org.
