State bills threaten consumer access to safe, legal dietary supplements and places unnecessary burdens on retailers
State legislatures around the country have proposed legislation that would restrict the sale of dietary supplements to support sports nutrition and weight management. Nearly identical legislation has been introduced this 2020 legislative cycle in California, Illinois, Massachusetts, New York State and New York City that proposes age restrictions, limited access requirements and state-mandated public notice and disclaimer requirements to be placed at retail purchase counters for products that fall within these categories.
The proposed legislation needlessly restricts safe, legal and regulated products that help consumers with weight management and fitness goals. Further, these bills could cause lost revenue to in-state retail establishments and drive purchases for these same items to online websites. Learn more in a recently published article from Nutrition Industry Executive co-authored by CRN’s president & CEO, Steve Mister and director, government relations, Amanda Darlington.
"The pandemic and the resulting recession from weeks of closures and shelter-at-home orders have devastated retailers’ profits and even their ability to stay afloat. These bills—the age restrictions, the fines, the required signage, the attendant capitulation to just stop selling these products altogether, and the maligning of these products—are solutions in search of a problem."
—Steve Mister and Amanda Darlington, CRN
Summary of state legislation — Could these bills impact your retail establishment?
California
- AB 3042 - age restriction, limited access requirements and conspicuous posting requirement at each retail purchase counter on weight loss dietary supplements and over-the-counter diet pills
Illinois
- HB 3948 - age restriction and limited access requirements on weight loss dietary supplements and over-the-counter diet pills
Massachusetts
- HB 1942 / HB 4783 - age restriction, limited access requirements and conspicuous posting requirement at each retail purchase counter on weight loss dietary supplements and over-the-counter diet pills
New York
- A 10138 / S 8089 - age restriction and limited access requirements on weight loss dietary supplements and over-the-counter diet pills
New York City
- Int. No. 1485 - age restrictions for products containing senna and saffron
Consumer usage data demonstrates popularity of protein
Protein is the most popular ingredient in both the sports nutrition and weight management categories, especially among male supplement users and supplement users under the age of 55.
The safe and beneficial role of dietary supplements for sports nutrition and weight management
Dietary supplements for sports nutrition or weight management are safe and beneficial when used appropriately and in consultation with your healthcare provider. There are a variety of sports nutrition products that can help replenish fluids and electrolytes, provide extra energy or improve or reduce recovery time between training sessions, and help improve your athletic performance overall. For example, research suggests whey protein and creatine may enhance athletic performance.
When considering taking any dietary supplements, consumers should always consult with their healthcare provider, do their own research about a particular company or ingredient (check out government sites such as the Food and Drug Administration or the Office of Dietary Supplements), or look for third party seals or certifications on products. Learn more tips for consumers here.
CRN educational resources for consumers
FDA has identified bodybuilding and weight loss supplements as two of three “high risk” categories where product adulteration is most prevalent. CRN is dedicated to raise awareness of this ongoing issue to both protect consumers from potentially dangerous products and to protect the reputation of responsible companies that market high quality, safe and beneficial products. In 2018, CRN launched a consumer education initiative to raise awareness of Selective Androgen Receptor Modulators (SARMs), a dangerous class of ingredients that pose a serious risk to consumer safety.
To inform the bodybuilding and fitness communities, CRN created a #SARMSCanHarm toolkit for fitness organizations that includes educational content about SARMs and how athletes can protect themselves from products containing these illicit ingredients, or tips to avoid other tainted products.
COVID-19 challenges at retail? How can CRN help?
Let us know how you're doing and if you're facing any new problems related to your dietary supplement and functional food assortment in the face of the COVID-19 pandemic. We want to help in any way we can. We are grateful for the vital role of retailers every day, and we especially value your leadership now. Check out our COVID-19 Resource Page, too.