State restrictions, emerging ingredients and GRAS: NPA outlines industry’s biggest policy challenges

From state-level sales restrictions to federal preemption efforts and mounting questions around emerging ingredients, the dietary supplement industry is facing one of its most complex policy moments.

Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), discussed a few of the industry’s most pressing issues at hand. He highlighted how state-level sales restrictions have expanded from Massachusetts eight years ago to twenty states today, with Alaska being the most recent state to propose a bill aimed at prohibiting the sale of weight loss and muscle building products to minors.

The increasing restrictive bills prompted Rep. Nick Langworthy (R-N.Y.) to introduce the Dietary Supplement Regulatory Uniformity Act, a bill that seeks to reaffirm federal oversight of dietary supplements and block states from imposing their own additional regulatory requirements.

“Other FDA-regulated industries enjoy federal preemption,” said Dr. Fabricant. “We think it makes a heck of a lot of sense here. Why are we coming up with a patch quilt of regulations when we have an authority, a very competent one in FDA? Let’s let them do their job.”

Dr. Fabricant emphasized the urgency of congressional action, warning that inaction could lead to even more restrictive state regulations. He stressed the importance of industry stakeholders meeting with legislators and securing co-sponsors to demonstrate viability.

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Additionally, Dr. Fabricant addressed emerging ingredient confusion, particularly regarding peptides and precision fermentation, noting the need for FDA clarity on definitional boundaries to establish a clear regulatory pathway.

He also discussed the definition of dietary supplements and how novel ingredients fit within existing frameworks, emphasizing that updating the dietary supplement definition is not immediately necessary but that greater clarity is needed on issues like drug preclusion and state preemption issues.

He addressed concerns about impending self-affirmed GRAS rules, urging industry members to avoid panic while acknowledging ongoing agency deliberation.

Looking ahead, the NPA is gearing up for its annual federal government advocacy fly-in day next month where the association plans to discuss state bills, drug preclusion, self-GRAS and more with lawmakers on Capitol Hill.

“There’s over 4,600 associations in D.C., many of them are having their fly-ins as we speak,” he said. “We’ve got to fight for oxygen on this issue, so it’s really important that they see myself, they see Kyle [Turk], they see Josh [Long], they see the NPA team every day. They want to hear from the constituents.”