Creatine, a long-standing category staple, is drawing legal attention over formulation challenges. “One of the great things about creatine… is it works,” said Littlejohn, counsel, Holon Law Partners. However, she explained that the ingredient’s tendency to convert into creatinine over time is fueling renewed litigation, particularly in newer formats like gummies and ready-to-drink products. In some cases, “you now have less than you should than you have on the label,” raising both regulatory and deceptive practices concerns. Littlejohn recommends brands moving beyond traditional powder formats should revisit testing, be cautious with suppliers and “even potentially adjust your Best Buy dates.”
Peptides are another area drawing scrutiny as interest grows at the intersection of sports nutrition and longevity. But while the market is expanding, Littlejohn noted the injectable peptides sold for research-purposes only “are unequivocally drugs,” cautioning companies against positioning them as dietary supplements. Following FDA actions in recent years, a gray market has emerged, increasing enforcement risk for brands that fail to clearly define their category.
GLP-1-related products present a similarly complex opportunity. With consumer demand surging alongside blockbuster prescription drugs, supplement brands are eager to capitalize on GLP-1 support and alternative positioning. But Littlejohn warned that these claims require heightened care, describing GLP-1 drugs as “very, very aggressively defended.” Even indirect comparisons to pharmaceuticals or overstated benefits could expose companies to legal challenges.
She also addressed renewed attention around self-affirmed GRAS, noting that while policy discussions continue, companies should focus on strengthening their own processes. GRAS determinations, she said, must be grounded in evidence and not assumption.
Across all regulatory topics, Littlejohn’s message highlighted that while innovation may drive growth, “being very careful about the substantiation” behind dietary supplement claims is what will ultimately protect brands.
