JUNE 2024
- CRN asks Second Circuit to review denial of the preliminary injunction in New York age restriction litigation
- With supplement aisle under attack, CRN invites retailers to join in fighting back
- CRN reacts to JAMA multivitamin study: Consumers want healthier lives, not just longer ones
- Webinar: Learn about new GRMA harmonization standards
- FDA highlights retailer responsibility for removal of recalled products
- Connect with CRN at TSE 2024 next month
CRN asks Second Circuit to review denial of the preliminary injunction in New York age restriction litigation
Advancing a significant step in the association’s ongoing efforts to protect consumer access to truthful information and safe and beneficial health products, and to uphold the rights of its members, CRN has filed an appellate brief challenging the recently enacted New York State law that imposes age restrictions on the sale of certain dietary supplements.
CRN is uniquely positioned in the fight for industry rights and consumer access, as its litigation is the only active case brought by a trade association against the New York age restriction law.
CRN's brief seeks to halt enforcement of the law while the case proceeds, challenging the district court’s earlier denial of CRN’s request for preliminary injunction, and outlining several challenges against the law. CRN contends that the law infringes upon the First Amendment by regulating speech based on content—even if the restriction itself (an age limit on sales) is “conduct,” it can implicate the First Amendment if the trigger (a weight loss or muscle building claim) is a content-based limitation on “speech.”
Go all in: CRN President & CEO Steve Mister called on stakeholders including retailers to support the association's efforts—see next story. Contact smister@crnusa.org for more information.
With supplement aisle under attack, CRN invites retailers to join in fighting back
As retailers with stores in New York know, as of April 22, a wide range of dietary supplements has been restricted from sale to anyone under 18 years old, CRN President & CEO Steve Mister noted in a recent Drug Store News “Last Word” editorial.
Yes, and even more troubling is that at least six other states have considered similar bills and could impose their own age restrictions on various dietary supplements, Mister advised.
By the numbers: Three-quarters of Americans use dietary supplements, and CRN's 2023 survey of consumers revealed that 95% of supplement users are confident about their safety and quality.
“Imagine if large segments of this category become subject to age-gating, disappear from self-service shelves (as the Massachusetts legislation would require), or have to be evaluated by a state health agency (as the California bill would mandate),” Mister warned.
“We will continue to fight these age restriction laws on supplements and invite our retail partners to join us in protecting your consumers’ access to these products,” Mister urged in the article.
In addition to fiercely opposing these bills in state legislatures, CRN recently filed a lawsuit in New York to stop enforcement of the new law.
CRN’s lawsuit has survived the early opposition and remains active, despite a series of objections and roadblocks put up by the New York Attorney General.
To learn how to support CRN's efforts, please contact smister@crnusa.org.
CRN reacts to JAMA multivitamin study: Consumers want healthier lives, not just longer ones
CRN responded to a June 26 commentary in JAMA Network Open questioning the value of multivitamins. CRN emphasized the critical role that multivitamins play in filling essential nutrient gaps, particularly among vulnerable populations, and highlighted research that underscores their benefits.
In its response, CRN stated, “There is substantial evidence supporting the role of multivitamins in addressing nutritional needs, reducing the risk of specific diseases and health conditions, and supporting overall health,” and noted that studies have shown multivitamin use is associated with reduced risks of colon cancer and breast cancer mortality. Additionally, prenatal multivitamins support the health of mom and baby.
“Analyzing mortality rates in isolation fails to recognize the range of health benefits of multivitamin use identified in rigorous scientific studies, including the reduction of birth defects, reducing cancer risk, slowing cognitive decline, and many others,” said CRN SVP, Science and Regulatory Affairs, Andrea Wong, Ph.D.
CRN’s response was prominently featured in coverage by CBS Mornings—click here to watch—with Gayle King, which averages over 3 million viewers. Following CRN’s quote, one of the CBS anchors noted that he wants “more life in my years, not just more years on my life,” resulting in an overall change of tone that drove the conversation towards the benefits of multivitamins.
Webinar: Learn about GRMA harmonization standards
Retailers looking to underscore their commitment to providing quality dietary supplements will not want to miss a free CRN webinar taking place Tuesday, July 23, at 1 pm Eastern.
Learn how significant advancements in good manufacturing practice (GMP) program harmonization, quality harmonization, and development of a new product integrity program driven by the Global Retailer and Manufacturer Alliance (GRMA) help to ensure the stringent legal and regulatory requirements required to produce quality, safe dietary supplements for the U.S. market are met.
GRMA Executive Director Allyn Shultis will discuss details of the alliance’s standards for dietary supplements, recently recognized by the Global Food Safety Initiative (GFSI).
Recognized and highly respected worldwide, GFSI’s benchmarking standards are helping to foster mutual acceptance of GFSI-recognized programs and encouraging harmonization of a simplified “once certified, recognized everywhere” approach to food safety audit standards, including standards for dietary supplements.
Can't make the live event? Register and CRN will provide access to the recording.
FDA highlights retailer responsibility for removal of recalled products
Retailers have an important responsibility to help ensure recalled products do not harm consumers, by taking notice of product recalls and assisting with promptly removing these items from store shelves, as FDA recently emphasized in a constituent update.
A warning letter to Dollar Tree recently issued by the agency, calls on the retailer to address its failure to adequately remove recalled food products (contaminated apple sauce) from its store shelves, with public health officials across many states reporting continuing sightings of the recalled products on store shelves long after the recall was issued.
The warning letter is part of FDA's ongoing post-incident response activities. While this case related to a traditional food product, it underscores retailers’ responsibility for any FDA-regulated product, including dietary supplements, to remove recalled items from consumer access.
Connect with CRN at TSE 2024 next month
Headed to the NACDS Total Store Expo (TSE) next month in Boston?
Connect with CRN President & CEO Steve Mister and members of CRN’s Retail Relations Forum on site.
Steve would be happy to meet and discuss your questions on dietary supplements and functional food industry news to inform your offerings. Wondering about these or other issues?
- Age restriction proposals across U.S. states...
- Proposed regulatory changes and their potential effects on the dietary supplement marketplace...
- What other retailers doing to implement their own inspections and establish product testing requirements...
Get in touch: Contact Steve via email—smister@crnusa.org—or connect on LinkedIn if you would like to schedule a time to meet.