06.05.23
The New York State Assembly has passed a bill (AB-5610), similar to those introduced in other states, which would establish restrictions on the sale of “diet pills” and dietary supplements marketed for weight loss or muscle building to people under 18. Notably, the legislation exempts certain protein powders, protein drinks, and foods. Similar bills have been introduced, but never passed, in New Jersey, Rhode Island, California, Colorado, Missouri, Maryland, and Massachusetts.
Earlier this year, Governor Kathy Hochul vetoed what was effectively an earlier version of the bill. In a statement, she cited concerns that the legislation would be too burdensome on the state’s Department of Health, which lacks expertise to police the breadth of products in the dietary supplements market. Further, she said that the bill would be unfair to retailers, who could face civil penalties if they fail to discern products subject to the ban. However, Hochul noted that she shared the key concerns brought up by the legislation.
The new version of the bill, which will now advance to a vote, provides more precise definitions than the past bill for the kinds of dietary supplements that would be subject to age restriction. However, the bill notes that it isn’t an exclusive list subject to potential civil penalties. These include:
CRN: Bill is ‘Scientifically Unsubstantiated’
The Council for Responsible Nutrition, a trade association representing the dietary supplements industry, stated its disappointment in the passage of the bill. The organization stated that the bill is scientifically-unsubstantiated when it comes to legitimate concerns about eating disorders and body dysmorphia among young people. “These products may make a convenient scapegoat, but this legislation does nothing to address the underlying causes of these mental health issues,” CRN wrote.
The organization noted that several dietary supplements and functional foods subject to the ban have strong safety profiles and evidence of health benefits, such as protein shakes, and sports bars. Further, the bill will be significantly challenging for authorities in New York to enforce, and the bill fails to directly address the mental health concerns that lead to eating disorders.
“Childhood obesity affects one in five children in this country, yet we don’t kid ourselves into thinking that age-restricting junk food and sodas would put an end to that epidemic,” said Steve Mister, president and CEO of CRN. “We hope the Governor will again recognize that body dysmorphia, eating disorders, and other mental health issues are complex problems that are not solved by the distraction of ‘quick-fix’ tactics like this, which only offer sufferers and their families false hope. We will continue to advocate for more scientifically based solutions that get at the root cause of youth eating disorders, while ensuring that families have the ability to purchase the trusted products that support healthy lifestyles.”
Earlier this year, Governor Kathy Hochul vetoed what was effectively an earlier version of the bill. In a statement, she cited concerns that the legislation would be too burdensome on the state’s Department of Health, which lacks expertise to police the breadth of products in the dietary supplements market. Further, she said that the bill would be unfair to retailers, who could face civil penalties if they fail to discern products subject to the ban. However, Hochul noted that she shared the key concerns brought up by the legislation.
The new version of the bill, which will now advance to a vote, provides more precise definitions than the past bill for the kinds of dietary supplements that would be subject to age restriction. However, the bill notes that it isn’t an exclusive list subject to potential civil penalties. These include:
- an ingredient approved by the U.S. Food and Drug Administration for weight loss or muscle building;
- a steroid;
- creatine, green tea or green coffee bean extract, raspberry ketone, garcinia cambogia;
- any product with labeling indicating that a product could help modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized
- any product with labeling indicating that the product could maintain or increase muscle or strength.
CRN: Bill is ‘Scientifically Unsubstantiated’
The Council for Responsible Nutrition, a trade association representing the dietary supplements industry, stated its disappointment in the passage of the bill. The organization stated that the bill is scientifically-unsubstantiated when it comes to legitimate concerns about eating disorders and body dysmorphia among young people. “These products may make a convenient scapegoat, but this legislation does nothing to address the underlying causes of these mental health issues,” CRN wrote.
The organization noted that several dietary supplements and functional foods subject to the ban have strong safety profiles and evidence of health benefits, such as protein shakes, and sports bars. Further, the bill will be significantly challenging for authorities in New York to enforce, and the bill fails to directly address the mental health concerns that lead to eating disorders.
“Childhood obesity affects one in five children in this country, yet we don’t kid ourselves into thinking that age-restricting junk food and sodas would put an end to that epidemic,” said Steve Mister, president and CEO of CRN. “We hope the Governor will again recognize that body dysmorphia, eating disorders, and other mental health issues are complex problems that are not solved by the distraction of ‘quick-fix’ tactics like this, which only offer sufferers and their families false hope. We will continue to advocate for more scientifically based solutions that get at the root cause of youth eating disorders, while ensuring that families have the ability to purchase the trusted products that support healthy lifestyles.”
