08.16.24
A California state bill which sought to restrict minors’ access to dietary supplements and other products marketed for weight loss (AB 82) won’t be advancing further in the current legislative session.
The bill was introduced by Assemblymember Dr. Akilah Weber, and shared many similarities to a 2022 bill vetoed by Gov. Gavin Newsom, who, at the time, said that the state’s Department of Public Health (DPH) didn’t have the capacity to put together a list of dietary supplements that would be subject to a ban.
AB 82, if passed, would have instructed DPH to work in consultation with the U.S. Food and Drug Administration (FDA) to create a list of product subject to the ban – observers noted that this provision would have brought FDA out of the relatively neutral position it’s held on such bills, which have been introduced in several states. To date, New York is the only state to have successfully passed such a bill, though not without legal challenges.
CRN: Bill’s Failure is a Win for Consumers
“The fact that AB 82 is not advancing further this legislative session is a win for consumers in California,” said Steve Mister, president and CEO of Council for Responsible Nutrition (CRN).
“The Council for Responsible Nutrition has raised significant concerns with this bill and will continue to do the same with regard to any other similar legislation that attempts to impose age restrictions on dietary supplements. Such restrictions, also proposed in several other states, are unnecessary given the strong safety profile of these federally regulated products and the lack of scientific data connecting them to eating disorders in young people. Limiting access based on age also harms local retailers and reduces access to these products for everyone.”
The Natural Products Association (NPA) described the bill's failure as another "major victory" after its grassroots efforts to generate calls and emails to state officials in opposition, but said that the industry can't afford to rest on its laurels.
“We are thrilled to have secured this major victory for the dietary supplement industry and appreciate all the support we generated on behalf of our membership. But we cannot rest easy, because this is now the third attempt at this misguided proposal, and we are convinced that it will not be the last,” said Daniel Fabricant, PhD, president and CEO of the NPA.
“If you are a company involved in the manufacturing, distribution, or sales of dietary supplements and other healthy natural products our message is clear: stay involved and engaged. More states are considering copycat legislation that is a clear and present danger to our industry and the benefits our products provide. If these bills were to be enacted, the cost of doing business would soar and consumers would be negatively impacted. We need to stay united and defeat these growing efforts or we will find ourselves out of business altogether.
Fabricant emphasized the lack of "a single data point connecting the use of eating disorders and dietary supplements. If there were, FDA would be required to remove that product from the market."
The bill was introduced by Assemblymember Dr. Akilah Weber, and shared many similarities to a 2022 bill vetoed by Gov. Gavin Newsom, who, at the time, said that the state’s Department of Public Health (DPH) didn’t have the capacity to put together a list of dietary supplements that would be subject to a ban.
AB 82, if passed, would have instructed DPH to work in consultation with the U.S. Food and Drug Administration (FDA) to create a list of product subject to the ban – observers noted that this provision would have brought FDA out of the relatively neutral position it’s held on such bills, which have been introduced in several states. To date, New York is the only state to have successfully passed such a bill, though not without legal challenges.
CRN: Bill’s Failure is a Win for Consumers
“The fact that AB 82 is not advancing further this legislative session is a win for consumers in California,” said Steve Mister, president and CEO of Council for Responsible Nutrition (CRN).“The Council for Responsible Nutrition has raised significant concerns with this bill and will continue to do the same with regard to any other similar legislation that attempts to impose age restrictions on dietary supplements. Such restrictions, also proposed in several other states, are unnecessary given the strong safety profile of these federally regulated products and the lack of scientific data connecting them to eating disorders in young people. Limiting access based on age also harms local retailers and reduces access to these products for everyone.”
NPA: Industry Can't Rest on its Laurels
The Natural Products Association (NPA) described the bill's failure as another "major victory" after its grassroots efforts to generate calls and emails to state officials in opposition, but said that the industry can't afford to rest on its laurels.
“We are thrilled to have secured this major victory for the dietary supplement industry and appreciate all the support we generated on behalf of our membership. But we cannot rest easy, because this is now the third attempt at this misguided proposal, and we are convinced that it will not be the last,” said Daniel Fabricant, PhD, president and CEO of the NPA.
“If you are a company involved in the manufacturing, distribution, or sales of dietary supplements and other healthy natural products our message is clear: stay involved and engaged. More states are considering copycat legislation that is a clear and present danger to our industry and the benefits our products provide. If these bills were to be enacted, the cost of doing business would soar and consumers would be negatively impacted. We need to stay united and defeat these growing efforts or we will find ourselves out of business altogether.
Fabricant emphasized the lack of "a single data point connecting the use of eating disorders and dietary supplements. If there were, FDA would be required to remove that product from the market."
