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On Mar. 13, the Council for Responsible Nutrition (CRN) filed a lawsuit challenging the constitutionality of a law in New York restricting access to health supplements.
The law, which was signed by New York Governor Kathy Hochul on Oct. 25, 2023, prohibits retailers from selling dietary supplements marketed for “weight loss” or “muscle building” to anyone under 18 years old.
CRN argues there is no “credible scientific evidence” on a link between dietary supplements and eating disorders. The “overly broad and ambiguous” definitions will also lead retailers and marketers to restrict a broad range of products out of fear of prosecution, the association said.
“On a human level, the law gives false hope to individuals and families affected by eating disorders, that a measure like this will somehow solve or make better what is widely regarded as a complex, multifaceted problem that the science tells is is not caused by the use of dietary supplements,” said Steve Mister, president and CEO of CRN. “And on a legal level, it punishes truthful, otherwise lawful communications by imposing age restrictions based on representations communicated about a product, rather than the actual safety of the product itself.”
CRN’s lawsuit aims to enjoin enforcement of the law, arguing it runs afoul of both federal and state constitutions through “aged-based restrictions on dietary supplements based on vague conditions.”
“Like the supporters of this law, CRN’s member companies take the rise in eating disorders among young people, and the suffering they cause, very seriously,” Mister said. “But after carefully evaluating the issue, we believe this law is an example of misguided regulation that will harm both the industry and consumers. By filing this lawsuit, we hope to ensure that New York residents continue to have access to safe and effective dietary supplements.”
For more information, visit this link. To read CRN’s full complaint, visit this link.
