Our right to access safe, healthy supplements and functional foods is under threat again. Massachusetts has introduced bills that would restrict the sale of weight loss and muscle-building supplements to children under the age of 18. Massachusetts’ actions would unlawfully deter consumers away from nutritional supplements, causing confusion and harming retail sales. The bills are similar to one passed last year in New York state; industry trade groups have appealed the New York law.
“Once again we see lawmakers trying to subvert our lawful right to health and wellness products. If enacted, these proposed bills would keep certain consumers from accessing healthy functional food products like wieght management supplements, protein shakes and nutritional sports bars that they rely on for their health and wellness needs. Further, such bills would adversely impact retailers who sell dietary supplements,” said Betsy Lehrfeld, President, Citizens for Health.
Decisions Based on Faulty Science
The bills, H.2215 and H.2331, the state of Massachusetts claims, are needed to curb the increase in eating disorders and body dysmorphia among young people. However, industry trade groups have repeatedly pointed to a 2023 peer-reviewed study (see CRN’s video) that debunks this theory. The study found no credible scientific evidence that links dietary supplements to the onset of eating disorders.
Further, Citizens for Health agrees with industry groups that these proposed laws will cause economic harm and impose logistical burdens on small businesses and retailers. The bills would move supplements for weight management and functional foods behind the counter. This step would require consumers of any age to request these products directly from a pharmacist or store manager.
The Natural Products Association (NPA), which has been fighting efforts to restrict access to supplements in several states, recently pointed to actions in New York, and now, Massachusetts, that have, “… Chosen to ignore the facts in this matter and wrongfully implicate supplements. There is no data point, no adverse events at [Food and Drug Administration] that provide any associational link [between] dietary supplements [and] eating disorders.”
NEW YORK CITIZENS FOR HEALTH – TAKE ACTION
A Growing and Worrisome Trend
Massachusetts is among a handful of states attempting to restrict access to healthy dietary supplements and functional foods. The industry has seen similar actions in New Jersey, New York and California in recent years. Colorado and Texas have recently introduced bills aimed at curbing access to supplements and functional foods.
“Introducing legislation that curbs the lawful sale of and access to dietary supplements avoids addressing the real underlying causes of eating disorders — mental health issues,” said CFH’s Lehrfeld.
Industry trade association, the Council for Responsible Nutrition (CRN), agreed.
“The Massachusetts bill takes the regulatory overreach we saw in New York and amplifies it to a whole new level,” said Steve Mister, President and CEO of CRN. “The Massachusetts proposal directly targets retailers with burdensome requirements that prevent comparison shopping and creates barriers to purchase that threaten to dismantle the industry’s ability to operate in the state.”
Take Action
Citizens for Health supports efforts by industry trade groups like NPA and CRN to keep consumer access to safe and beneficial supplements and functional foods and remove unnecessary regulatory burdens on retailers.
Last year, Citizens for Health delivered an Amicus Letter in support of CRN’s opposition to New York’s S5823/A5610. On Friday, January 24, CRN delivered oral arguments in a challenge to New York’s law passed last year.
Citizens for Health asks you to contact your elected official and encourage them to work with the industry to address concerns about eating disorders and nutrition deficiencies through evidence-based solutions rather than restrictive and counterproductive measures.
