APRIL 2024
Past Editions—Need to Know Archives
CRN seeks preliminary injunction of NY age-restriction law
CRN this week filed an emergency motion seeking to prevent enforcement by the New York State Attorney General of a new law passed in 2023 that will age restrict the sale of certain dietary supplements.
Why it matters: “Right now, this law is wide open to interpretation and incredibly ambiguous in terms of how it gets enforced,” CRN President and CEO Steve Mister stated in the association’s press release. “This vagueness will create uncertainty in the retail marketplace, which will ultimately result in retailers deciding not to sell many dietary supplement products, as they will err on the side of caution in an attempt to not break this ill-defined law. In the end, consumers will have less products to choose from when they go to the pharmacy, grocery store or when placing orders online.”
How we got here: Earlier this year, CRN filed a lawsuit challenging the constitutionality of the law, which the association contends would restrict consumer access to safe and beneficial health products, and have severe and unintended negative consequences on the operations of brick-and-mortar and online retailers doing business in the state. This latest motion is an element of that suit.
In its motion, CRN argues that the law:
-
Violates the New York and U.S. constitutions.
-
Should be invalidated because it is ambiguous, chills speech, is an excessive use of the state’s police powers, and preempted by certain Food, Drug, and Cosmetic Act provisions.
CRN is calling for the court to stop the state Attorney General from enforcing it until the issues the association has identified in the litigation have been resolved.
Connect with CRN President & CEO Steve Mister at NACDS
Heading to the NACDS Annual later this month at The Breakers?
Connect with CRN President & CEO Steve Mister on site to catch up on dietary supplement industry news, including:
-
What’s next with the New York age-restriction law and what other state legislatures CRN is monitoring for similar proposals.
-
Regulatory questions affecting the dietary supplement marketplace.
-
New voluntary, self-regulatory guidelines for supplements developed by CRN and member working groups.
Get in touch: Contact Steve via email—smister@crnusa.org—or connect on LinkedIn to set up a time to connect with Steve in Palm Beach.