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Signing of NY age restriction law creates dangerous precedent and a ‘watershed moment’ for supplement retailers
CRN's Steve Mister discusses the NY legislation with Nutritional Outlook.
New York Governor Kathy Hochul (D-NY) signed last week a new state law that will ban the sale of certain weight loss and sports nutrition dietary supplements to consumers under the age of 18. It is slated to take effect in April 2024.
CRN was directly engaged with state policymakers and stakeholders throughout the legislative process opposing the bill, and urged Gov. Hochul to veto the legislation, as she did when a similar bill passed the state’s General Assembly last year.
Why it matters: The law can be applied to any dietary supplement that is “labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building.”
The law specifically mentions (but is not limited to) the following ingredients:
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Creatine
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Green tea extract
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Raspberry ketone
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Garcinia cambogia
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Green coffee bean extract
How we got here: Harvard’s Strategic Training Initiative for the Prevention of Eating Disorders (STRIPED), is a driving force behind the New York legislation and similar bills in other states.
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STRIPED falsely “claims that dietary supplements, especially those that they refer to as ‘diet pills,’ cause eating disorders,” as Susan J. Hewlings, Ph.D., R.D., explains. Dr. Hewlings published a scientific review showing no link, which she discusses in this short video.
What they’re saying: “Risk factors for developing an eating disorder are multidimensional and complex and often co-occur with the diagnosis of depression or anxiety,” observed Dr. Hewlings. “The literature indicates that eating disorder incidence is secondary to mental health conditions.”
The new law “will impact a huge swath of products sitting on grocery store, pharmacy and natural retailer shelves throughout New York State,” said CRN President & CEO Steve Mister, noting that the misguided law will result in “consumers of all ages will have their ability to purchase dietary supplement products limited.”
“What happened in New York…changes the momentum,” said Mister, speaking with Nutritional Outlook last week at SupplySide West following age restriction legislation being signed into law by Gov. Kathy Hochul.
New York is not the only state that has advanced this type of legislation, Mister reminded viewers. “There are now eight states that have introduced [this type of bill] and up until now, we have been successful in defeating all of those bills,” he further reflected, adding, that recent developments in New York give “other states permission to take this more seriously,” urging industry to also “take this very seriously.”
“It's a watershed moment. We've really got to rally to find ways to defeat these bills,” Mister said. “I think we're seeing a game change here in terms of the ability of…industry critics—even if it’s based on false information—to muscle through enough to get something passed.”
What’s next: The bill does not go into effect for 180 days. “So we have until the end of next April to see what New York will do,” Mister said. “We are now going to be engaging with the New York Attorney General’s Office, which is authorized to enforce the law. We'll be engaged with the Governor’s office. We’ll be engaged with the Department of Health…to try to limit any kind of enforcement on this, to slow down the implementation, and make the case that these products are safe…” Mister also noted that litigation is not off the table and that longer term efforts would include repealing the law.