EXCERPT FROM SEPT. 18, 2025 EDITION
CRN strengthens case against NY age-restriction law through Second Circuit filing, asks DOJ to recognize unconstitutionality
CRN's outside counsel has notified the Second Circuit of new case law, Upsolve v. James, decided Sept. 9, 2025, that supports CRN’s argument that New York’s law (General Business Law § 391-oo), which restricts the sale of certain dietary supplements marketed for weight loss or muscle building, unconstitutionally regulates speech rather than conduct.
- The backstory: CRN filed a lawsuit in 2024, arguing that the law breaches both New York and U.S. constitutions for being vague, limiting speech, overstepping state power, and conflicting with the Food, Drug, and Cosmetic Act. CRN’s case remains active as the Second Circuit considers its preliminary injunction appeal.
In a filing sent to the Second Circuit, CRN's legal team stated: “The Upsolve court found that the statute regulated communication of legal advice, i.e., ‘the creation and dissemination of information [qualifying as] speech within the meaning of the First Amendment.’”
Yes, and: In response to the U.S. Department of Justice’s (DOJ) Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce, CRN detailed how New York’s age-restriction law on supplements is unconstitutional, preempted by federal law, and disruptive to interstate commerce.
What we're saying: “The law makes dietary supplements less accessible and more expensive for everyone, as the uncertainties surrounding which products are restricted will chill speech designed to assist consumers in making educated decisions concerning their health, stifle product innovation, increase transaction costs, and could push dietary supplement manufacturers out of the market entirely,” CRN's letter to DOJ read. “And of course, in New York, the law deprives minors of dietary supplements that may be beneficial for their health.”