This is part of CRN’s Associate Member Spotlight series and reflects the views, opinions, and expertise of the featured member company, Ashurst Perkins Coie. The content is provided for informational purposes only and does not represent the views, positions, or policies of CRN.
Class-action litigation and regulatory scrutiny are evolving in ways that create new risks for dietary supplement companies, according to data presented in Ashurst Perkins Coie’s 2026 Midyear Food and CPG Legal Trends Report. The report identifies several developments with direct implications for supplement manufacturers, marketers and retailers.
Among the trends CRN members should be watching:
- Protein claims remain a target. Plaintiffs continue to challenge prominent front-of-package protein statements, including allegations involving protein quality, digestibility and the required PDCAAS-corrected percent Daily Value. Newer theories question whether protein is truly the product’s predominant macronutrient or whether serving sizes inflate the advertised amount.
- Ingredient messaging is being scrutinized beyond explicit claims. Litigation involving “natural” positioning and highlighted “premium” ingredients suggests that product names, imagery and overall presentation—not simply “made with” statements—may influence what consumers reasonably believe about a product’s composition.
- Proposition 65 activity is intensifying. Of the 1,925 Proposition 65 pre-suit notices issued during the first half of 2026, 1,368 involved foods, dietary supplements or beverages. The report notes particular attention to plant-based protein powders, collagen and spirulina powders, matcha tea and other dried products, with lead and cadmium dominating the chemicals cited.
The report also examines emerging mycotoxin enforcement, environmental marketing claims and regulatory developments involving GRAS ingredients and caffeinated dietary supplements.
For supplement businesses, the message is clear: claims review should extend beyond technical label compliance to consider the complete impression created by ingredient emphasis, serving sizes, sustainability language and digital marketing.
Download Ashurst Perkins Coie’s 2026 Midyear Food and CPG Legal Trends Report for the underlying cases, filing data and practical insights companies can use to assess emerging risk.