On Feb. 4, Rep. Nick Langworthy (R-N.Y.) introduced the Dietary Supplement Regulatory Uniformity Act, a bill that would establish a “single, science-based national standard” for dietary supplements under the authority of the Food and Drug Administration (FDA), preempting state-level rules that go beyond existing federal law.
The proposal comes as an increasing number of states have moved to adopt their own supplement regulations.
Just last month, New Hampshire, Hawaii and Alaska introduced bills proposing to prohibit the sale of weight-loss and muscle-building products to minors, including additional point-of-sale requirements to prevent access by minors to the restricted products.
The Council for Responsible Nutrition has warned that these measures are “not based on a scientific assessment of risk” and said “peer-reviewed research does not support the notion that dietary supplements cause eating disorders,” arguing that proposals to restrict lawful, FDA-regulated products could divert attention from “the real, complex drivers of these serious mental health conditions.”
Kyle Turk, vice president of government affairs for the Natural Products Association, previously told NutraIngredients that these state-led bills “threaten access to safe, effective and affordable dietary supplements that empower individuals to live healthier lives.”
While New York is the only state to date to have enacted this type of legislative (effective April 22, 2024), California, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Texas, Virginia and Washington also have active or proposed legislation on this issue.
Federal preemption and FDA oversight
Under the Dietary Supplement Regulatory Uniformity Act, FDA would remain the sole authority responsible for setting and enforcing safety, labeling and marketing standards for dietary supplements nationwide. States would be prevented from layering on additional or conflicting requirements, though the bill preserves a mechanism for states to petition FDA if they believe a legitimate, evidence-based local concern exists.
“This is regulation for regulation’s sake,” Congressman Langworthy said in a press statement. “New York is notorious for baseless overregulation that burdens small businesses without making anyone safer or improving public health, [and] when states ignore science and override FDA determinations, consumers are misled and local businesses pay the price.”
Dietary supplements have been regulated at the federal level for nearly three decades under the Dietary Supplement Health and Education Act of 1994 (DSHEA), and supporters of the new bill say recent state initiatives undermine that framework and create compliance challenges without improving consumer protection.
Industry groups back uniform national standard
Several national trade associations representing supplement manufacturers and suppliers have endorsed the legislation, arguing that a single federal standard is essential for consumer confidence and market stability.
“This legislation secures a single, science-based national standard for dietary supplements, providing the clarity, consistency, and consumer confidence Americans deserve,” said Scott Melville, president and CEO of the Consumer Healthcare Products Association. “For more than 30 years, the nation has relied on a federal framework to regulate dietary supplements, and we thank Congressman Langworthy for his leadership in reinforcing that foundation.”
Melville added that the bill would help avoid confusion and higher costs associated with a patchwork of state rules while maintaining a unified national approach.
Steve Mister, president and CEO of the Council for Responsible Nutrition, said the proposal “protects consumers from confusing and alarmist state-level restrictions and requirements while ensuring responsible companies can continue to innovate and provide safe, high-quality products nationwide.”
Restoring DSHEA’s original intent
The Natural Products Association also voiced strong support, framing the bill as a return to the original intent of DSHEA.
“For more than 30 years, DSHEA has provided a clear national framework for regulating dietary supplements under FDA’s authority,” said Jim Emme, chairman of NPA’s board of directors, in the organization’s press statement. “Rep. Langworthy’s legislation supports that framework and would put an end to a growing patchwork of state laws and bills that threaten to disrupt U.S. commerce and confuse consumers.”
Daniel Fabricant PhD, president and CEO of NPA, said the measure addresses what the association views as an escalating risk to the sector.
“The introduction of Congressman Langworthy’s bill is a decisive and long-overdue answer to state overreach,” he said. “Restoring federal primacy is the only way to ensure a stable, science-based regulatory environment.”
The American Herbal Products Association also endorsed the legislation, citing concerns about interstate commerce and innovation.
“An inconsistent patchwork of state regulations would create a highly restrictive environment that would stifle innovation, increase business compliance costs and complexity, and ultimately restrict consumer access,” said Graham Rigby, president and CEO of AHPA.
