H.R. 7366 seeks to amend the Federal Food, Drug, and Cosmetic Act to clarify that the States cannot establish or continue any dietary supplement-related requirements that are different from the federal law.
An exemption may be granted if the state rule is stricter than federal law, or the rule addresses a serious local problem, and following that rule would not cause the supplement to violate federal law.
A patchwork of state-level supplement laws has developed in recent years, most notably around age restrictions (New York) and ingredient bans.
During an April 29 hearing titled Healthier America: Legislative Proposals on the Regulation and Oversight of Food, Rep. Nick Langworthy (R-NY) reaffirmed his support for H.R. 7366, which he introduced on February 4.
“For nearly 30 years, dietary supplements have been regulated under single science-based national framework led by the FDA, giving consumers confidence that products are safe and properly labeled and consistently regulated across the country,” he said. “But in recent years, as we’ve seen in many different industries, states are moving away from that model, imposing their own arduous requirements and restrictions, often beyond what the FDA has already reviewed and determined to be safe.
“My state of New York often does this, and it leads to higher costs and fewer choices with consumers. When states override science-based FDA determination, you end up in a situation where the same product is treated as safe in one state, but suspect in another state, just by crossing a state line. That’s regulation for regulation’s sake; it doesn’t make any sense for businesses or the people that they serve. That’s why I have introduced H.R. 7366, the Dietary Supplement Regulatory Uniformity Act, to reaffirm that we should have one clear, science-based national standard—not a patchwork of conflicting state rules.”
NPA: “A clear, common-sense solution”
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.
Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), called H.R. 7366 “a timely and necessary measure to restore clarity, consistency and scientific integrity to the marketplace.
“At its core, this legislation reaffirms the authority of the FDA to administer and enforce a uniform, national framework for dietary supplement regulation. This framework has safeguarded public health and supported innovation for decades,” he added.
“Unfortunately, the industry is increasingly burdened by contradictory state-level proposals and mandates, many of which are driven more by political rhetoric than sound science. These divergent requirements not only strain manufacturers and retailers but also create unnecessary confusion for consumers seeking safe, reliable products.
“H.R. 7366 offers a clear, common-sense solution: reinforce a single, science-based federal standard that ensures consumer protection while preserving consumer access and innovation. On May 12, during NPA’s Fly-In Day, our members will meet with offices across the House and Senate to underscore the urgency of this issue, advocate for swift passage of the bill, and encourage additional lawmakers to join as co-sponsors in support of a consistent and rational regulatory framework,” Dr. Fabricant said.
