UNLOCKED | OCTOBER 31, 2024
In this edition:
- New Jersey age-restriction legislation advances out of General Assembly
- Turn consumer insights into your competitive advantage with 2024 Consumer Survey on Dietary Supplements
- CRN submits Fifth Circuit Court decision in appeal against denied preliminary injunction for New York age-restriction law
- CRN celebrates rising nutrition scientists at annual Science in Session symposium
- FDA releases Human Foods Program FY 2025 priority deliverables
- CRN releases 2024 Q3 report detailing the association's impactful work on multiple fronts
- CCFL sets new standards for e-commerce food labeling transparency
- Ensuring safe consumption of gummy supplements
- CRN advocates for reasonable information disclosure standards for consumer products in a Ninth Circuit case
- Board spotlight: Campbell shares how CRN involvement reinforces Bayer’s mission to help people live healthier lives
- 'Supplement Source' new episode: Brian Yam shares secrets to surviving Amazon’s regulatory labyrinth
- Media Mentions
New Jersey age-restriction legislation advances out of General Assembly
On October 28, proposed age restriction legislation (A-1848) passed out of the New Jersey General Assembly by a vote of 56-17 with 4 abstentions.
- A-1848 was a non-consent bill and does not currently have a Senate companion.
Ahead of the General Assembly's vote, CRN sent a letter to all members of the New Jersey General Assembly expressing our concerns with the bill and requesting that they refrain from advancing it.
CRN has been engaged throughout the legislative process in New Jersey, as previously reported. CRN staff met with the Chief of Staff for the bill’s sponsor, Asm. Herb Conaway (D) and CRN President & CEO, Steve Mister, testified in person at the bill’s hearing before the Assembly Health Committee last month.
What's next: A-1848 will now go to the New Jersey Senate for consideration.
- CRN will continue to engage with legislators in New Jersey as we express our concerns with these types of onerous bills as we work to prevent any further movement on A-1848.
Go deeper: Get updates on this and other age-restriction legislation in play during CRN's Government Relations Committee meeting today at 2:30 pm Eastern.
Questions? Contact Emily Lewantowicz.
Turn consumer insights into your competitive advantage with 2024 Consumer Survey on Dietary Supplements
CRN has released select findings from its 2024 Consumer Survey on Dietary Supplements, giving companies in the industry an insider view of who their customers are, what motivates their purchases, where they spend their money, and much more. This year’s survey highlights trends and behaviors that can directly impact your business strategy.
- Purchase the survey here.
- Use the code “MEM500” at checkout for $500 off your purchase.
By the numbers: With 75% of Americans using dietary supplements, the 2024 survey reinforces that supplements remain a non-negotiable part of health routines.
Yes, but: It’s not just about usage—it’s about what’s next in the evolving world of wellness.
Key insights: The 2024 Consumer Survey reveals crucial aspects of consumer behavior that could affect your product lines, marketing strategies, and positioning over the next year, including:
- Emerging product trends: The growing interest in personalization and rising demand for specialty supplements are reshaping what consumers expect from brands.
- Spending power dynamics: With users spending more through healthcare professionals and specialty retailers, companies have an opportunity to refine distribution and pricing strategies.
- Motivations and barriers: Consumers are motivated by health maintenance, immune health, and energy, but cost is increasingly cited as a barrier for non-users.
Why it matters: In an increasingly competitive landscape, understanding why consumers buy, how they choose products, and what drives loyalty is critical for sustained growth.
Go all in: Purchase today for data that helps you decode the motivations behind every purchase.
CRN submits Fifth Circuit Court decision in appeal against denied preliminary injunction for New York age-restriction law
Context: CRN has appealed a lower court decision denying a preliminary injunction that would have stopped enforcement of a New York law age-restricting the sale of certain dietary supplements.
What's new: CRN has submitted a recent decision by the Fifth Circuit Court (Hines v. Pardue) as supporting evidence in their appeal. The Fifth Circuit ruling supports CRN's argument for blocking New York’s law on the grounds that it restricts free speech.
Why it matters: The Fifth Circuit ruled that a Texas law regulating veterinary practice was more about restricting speech than conduct, which is relevant to CRN’s case. CRN argues that New York's law similarly limits free speech by restricting how supplements are marketed.
Bottom line: CRN is using this new legal precedent to push for the reversal of the lower court's preliminary injunction decision.
Questions? Contact Megan Olsen.
CRN celebrates rising nutrition scientists at annual Science in Session symposium
CRN has announced the winners of the 2024 CRN and American Society for Nutrition Foundation (ASNF) Program for Scholars (CAPS)! The award offers access to CRN's annual Science in Session symposium, “Living Well Longer: Bioactive Innovations for Healthy Aging,” which took place on Oct. 9, at the Grand America Hotel in Salt Lake City.
- The CAPS program supports graduate student researchers by providing travel support, registration, and mentorship from CRN industry members.
What we're saying: “We are always excited to engage with talented students who are interested in learning more about nutrition and want to make valuable contributions in advancing science,” said CRN SVP of Scientific and Regulatory Affairs Andrea Wong, Ph.D. “We hope their participation in our symposium will give them greater insights into scientific innovation and future career opportunities.”
This year’s awardees offered reflections on what their selection meant:
- Opeyemi Ogedengbe, M.Sc., Ph.D. candidate at the University of Maryland – College Park: “Poor dietary habits are among the risk factors contributing to diabetes and other metabolic diseases,” Ogedengbe said. “I am confident the CRN symposium will offer me the experience and knowledge needed to effectively translate this intervention, along with enhancing my research skills and overall professional development.”
- Gwoncheol Park, M.S., Ph.D. candidate at Florida State University: “My aim was to discover microbiome-based therapeutic interventions for human disease and promote healthy aging,” said Park. “The topics of the Science in Session program align perfectly with my research interests. I believe this is an extraordinary opportunity that will push my boundaries and open doors to a broader world.”
Yes, and: CRN also supports mid- and senior-career researchers through the Mary Swartz Rose Awards.
Go deeper: Hear directly from the 2024 CAPS award recipients (video) here.
FDA releases Human Foods Program FY 2025 priority deliverables
FDA recently announced its Human Foods Program (HFP) FY 2025 priority deliverables, which outlines the activities the HFP will focus on during its first year after the program’s reorganization, which took effect on October 1.
Of note: FDA will continue working to release additional sections of final guidance to better inform the industry on how and when to submit New Dietary Ingredient Notifications (NDIN).
Other topics of interest to the dietary supplement and functional food industry include:
- Updating “healthy” claims: FDA aims to issue a final rule updating the definition of “healthy” and develop a voluntary symbol for qualifying products, guiding consumers toward healthy choices.
- Front-of-Package labeling: FDA plans to propose a mandatory front-of-package (FOP) labeling rule, inviting public input to help consumers quickly assess nutritional value at a glance.
- Post-market assessment of chemicals in food: FDA will update the assessment framework informed by feedback from the public meeting on a systematic approach for post-market assessments of chemicals in food and release an updated list of substances prioritized for re-assessment with projected timelines.
Questions? Contact Haiuyen Nguyen.
CRN releases 2024 Q3 report detailing the association's impactful work on multiple fronts
CRN recently released its 2024 third-quarter report, detailing the association's activities driven by our board-developed strategic plan throughout the action-packed summer and fall, including:
- Expanding self-regulatory initiatives;
- Influencing public policy;
- Improving consumer access;
- Cultivating positive public perceptions;
- Expanding membership and educational offerings;
- And more!
Go deeper: View the full report to see how CRN is working towards the association’s board-developed strategic plan.
CCFL sets new standards for e-commerce food labeling transparency
What's new: The Codex Committee on Food Labelling (CCFL) has approved Guidelines on the Provision of Food Information for Pre-Packaged Foods to be Offered via E-Commerce at its 48th session in Quebec City, setting a new standard for transparency in online food labeling. These guidelines mandate that essential product information, typically found on physical packaging, also be available to consumers on e-commerce platforms.
Why it matters: These measures align closely with CRN's own e-commerce transparency guidelines, released in February 2024, reinforcing the commitment to clear and consistent consumer information online.
What they’re saying: “These new guidelines mark an essential step toward transparency in the digital marketplace,” said James Griffiths, Ph.D., SVP of international and scientific affairs at CRN. “Consumers deserve to access accurate product information, whether shopping online or in-store. By aligning digital disclosure requirements with those of physical packaging, Codex ensures that consumers can make informed choices with confidence. CRN has long advocated for clarity in labeling, and these standards reflect our commitment to supporting both consumer protection and industry responsibility in a rapidly evolving e-commerce environment.”
The details:
- Key info required: The product name, ingredients, net contents, manufacturer info, country of origin, and usage instructions must be displayed online.
- Optional durability clause: E-commerce listings may clarify the relationship between “best before,” “use-by,” or expiration dates and product shipping or delivery dates.
- Reminder to consumers: A prompt to review the physical label upon product receipt is recommended.
What's next: The guidelines will now move to the Codex Alimentarius Commission (CAC) for formal adoption.
Questions? Contact Dr. Griffiths.
Ensuring safe consumption of gummy supplements
Earlier this year, CRN’s Board of Directors adopted new voluntary guidelines for labeling of gummy supplements with recommended implementation by March 2026. Gummy supplements have become an increasingly popular format for adults and children alike. The new guidelines are intended to foster proper usage of gummy supplements and to help reduce the likelihood of accidental ingestion of products not intended for children to take without adult supervision.
The recommendations focus on labeling of children’s supplements indicating the intended age group of the products and additional statements or language similar to the following:
- Keep Out of Reach of Children;
- Take only as directed/Do Not Exceed Recommended Intake/Do Not Exceed Suggested Serving (unless directed to do so by a healthcare professional); and
- Instruct your child to fully chew each gummy before swallowing.
In addition, labels of products intended for children under four years old should include language similar to the following:
- If not chewed properly, this product is a potential choking hazard.
The guidelines for labeling products intended for adult age groups emphasize recommended statements about keeping products out of reach of children and taking products as directed. The voluntary guidelines do not include a recommendation for packaging, but firms may consider packaging products in child-deterrent containers to reinforce labeling statements.
Go all in: Support CRN’s “Responsible. It’s Our Middle Name.” campaign and showcase your company's commitment to responsibility by sharing information about the association's self-regulation initiatives on social media!
CRN advocates for reasonable information disclosure standards for consumer products in a Ninth Circuit case
CRN, alongside the Consumer Brands Association and FMI – The Food Industry Association, joined an amicus brief in a Ninth Circuit case, advocating for reasonable information disclosure standards for consumer products. The case involves standards for when companies must disclose product information, such as the presence of contaminants in a food product, under the California’s Unfair Competition Law (UCL) and the Consumers Legal Remedies Act (CLRA). Plaintiffs in the case, supported by the California Attorney General, argue companies must disclose more product details, but the brief maintains that disclosure should only be required for safety risks or central product functions.
What we’re saying: “Plaintiffs and the Attorney General have not identified a single case in which a California appellate court has permitted an omission-based claim under the UCL or CLRA to proceed without requiring the plaintiff to establish a duty to disclose or contrary affirmative representations,” the brief stated. “And manufacturers (including many of amici’s members) rely on [the standard established under current case law] in shaping their expectations about what they must—and conversely need not—disclose to consumers on product labels. The California Supreme Court has repeatedly deemed this question unworthy of review. This Court should decline to certify this question.”
Why it matters: The brief asserts that expanding disclosure obligations could create unpredictable liabilities, undermining established warranty practices and raising product costs for consumers. The document points out that courts have repeatedly upheld a narrow interpretation of disclosure requirements. Citing Hodsdon v. Mars, the brief emphasized that businesses rely on consistent legal standards to avoid unlimited liability.
The big picture: The outcome could affect how companies across industries, including dietary supplements, label products moving forward.
Questions? Contact Megan Olsen.
Board spotlight: Campbell shares how CRN involvement reinforces Bayer’s mission to help people live healthier lives
David Campbell, SVP and head of regulatory, medical, safety, quality and compliance at Bayer Consumer Health, is a longstanding leader in the CRN community, having served as chairman of the board and as a member of the executive committee.
Campbell's work at Bayer has been instrumental to advancing the company’s mission of “Health for all, Hunger for none” as well as the company’s recent launch of a new healthy-aging “ecosystem” that includes a scientifically formulated cell health support dietary supplement from One A Day.
What they're saying: “At Bayer, we strive to help billions of people live healthier lives with the most trusted self-care solutions,” said Campbell. “CRN membership provides a platform for our teams to contribute to responsible dietary supplement industry efforts that align with our company's mission.”
Go deeper: Connect with Campbell on LinkedIn.
'Supplement Source' new episode: Brian Yam shares secrets to surviving Amazon’s regulatory labyrinth
In the sixth episode of Supplement Source, host Jeff Ventura, CRN VP of Communications, sits down with Brian Yam, Founder of Blue Ocean Regulatory, to discuss the complexities of selling supplements on Amazon and regulatory challenges for supplement brands. From compliance pitfalls to navigating sudden regulatory changes, this episode uncovers what many brands don’t realize until it’s too late.
- Yam stressed that brands need to understand Amazon’s testing requirements and navigate issues like inconsistent enforcement and difficulty communicating with Amazon.
Why it matters: With brick-and-mortar retailers struggling and online sales taking center stage, supplement brands need a seamless Amazon strategy.
Yam pulled back the curtain on Amazon’s unpredictable platform, describing it as, “the Wild West,” and emphasizing that, “They do change their rules over time.” He recounts real-life examples of brands getting flagged for non-compliant language with little explanation, leaving them scrambling for solutions.
Beyond highlighting the chaos, Brian shares proactive strategies for brands looking to thrive: “Step one is... setting those testing limits,” advising brands to test ingredients early to catch issues before they escalate. “Let’s test sooner than later... see where your product stacks up,” he urged, stressing the value of foresight in avoiding costly setbacks.
The bottom line: Failing to adapt means risking product removals and major disruptions. “Sometimes you’re buying brand new raw materials and you’ve got to dump old inventory out. It can get pretty messy,” he warned, outlining the price of unpreparedness.
Go deeper: Learn more about how to navigate Amazon’s shifting landscape and avoid common pitfalls in episode six of Supplement Source.
Media Mentions
Powered by Critical Mention, here we highlight select stories and social media insights CRN’s Communications team is tracking on behalf of our members.
Consumer Reports ran an article in the Washington Post that highlighted seven supplements recommended for improving sleep, bone health, and more, stressing the importance of choosing verified products that are free from contaminants and contain accurate labeling. While the article noted supplements can be beneficial, it stated, “It’s best to get nutrients from food—it contains a mix of vitamins, minerals, fiber, protein and more that no supplement can match, says JoAnn E. Manson, chief of preventive medicine at Brigham and Women’s Hospital in Boston. And supplements can pose risks, including potential interactions with medications.” The article underscores that although supplements like calcium, collagen, fish oil, and melatonin have demonstrated benefits, they should be considered carefully, ideally with professional guidance.
In a recent episode of Life Kit, and its accompanying article, NPR's Marielle Segarra outlined key strategies to avoid counterfeit products online, noting that “almost 7 in 10 consumers were misled into purchasing counterfeit items” last year, per Michigan State University research. Kari Kammel, director of the Center for Anti-Counterfeiting and Product Protection at Michigan State University, emphasized, “One of the most important things you can do is know where you’re shopping from.” To ensure safety, Kammel advises consumers to avoid “random third-party sellers online or social media” and prioritize buying supplements directly from trusted brands or licensed pharmacies.
CRN MEMBER NEWS:
Haleon recently introduced the Health Inclusivity Screener, an AI-powered tool designed to enhance inclusivity and representation in digital advertising, as reported by Drug Store News. This innovative tool evaluates content for readability and inclusivity metrics, making advancements in inclusive advertising practices. “While many brands have taken positive steps in inclusive advertising, we see a huge opportunity for Haleon to set the standard in the consumer health sector,” said Tamara Rogers, chief marketing officer at the company. “We’ve already taken action to improve the accessibility of all our marketing assets, but we know that we can go further. Message comprehension has a key role to play in improving the performance of our campaigns and building greater health literacy, helping people take better care of their everyday health.”
Contact Elise Hall with questions about Media Mentions.
See past editions of the CRN Supplement