Governor Kathy Hochul recently vetoed a bill (A431-C) which would have placed age restrictions on a number of dietary supplement products and “over-the-counter diet pills” which are marketed for weight loss or muscle building.

Hochul cited concerns that the legislation would place too much of a burden on the state’s Department of Health.

“I share the concerns of the sponsors of this bill, and desire to address the marketing of these diet pills and dietary supplements to minors,” Hochul wrote to the Assembly.

However, “This legislation would require the Department of Health to determine what products should be limited under this new law. DOH does not have the expertise necessary to analyze ingredients used in countless products, a role that is traditionally played by the FDA. Without sufficient expertise, DOH is not equipped to create a list of restricted products. It would also be unfair to expect retailers to determine which products they can and cannot sell over the counter to minors, particularly when facing the threat of civil penalties.”

A Legislative Trend

New York is one of several states in which legislation has been proposed to restrict minors’ access to dietary supplements and other types of products marketed for weight loss. In October, California Governor Gavin Newsom vetoed a bill with similarly-worded language, saying the state’s Department of Public Health’s scope of capabilities didn’t meet the demands of the bill.

Leading trade associations representing the dietary supplements industry have expressed opposition to legislation that restricts minors’ access to legal, compliant dietary supplements.

While they view the veto as a win, they also urge advocates to remain vigilant and active. 

“As we have stated all along, this would have created a mini-FDA at the state level and this legislation goes beyond the scope of the state department of health. Ultimately, as we have seen in California with AB 82, supporters of the bill will bring back an identical copy for this legislative session,” said Kyle Turk, director of government affairs at the Natural Products Association (NPA), noting that NPA actively opposed the bill beginning at its introduction.

“There is no room to be neutral on proposals to restrict and prohibit access to supplements,” he added. “Thousands of advocates have written their lawmakers and NPA members continue to meet with state legislators regarding these proposals ensuring consumers have access to safe, effective, and well-researched dietary supplements.”

Turk emphasized that relatively few bills get vetoed without robust advocacy. In New York, A431-C was one of only 283 bills vetoed out of a total of 3,966 presented to Hochul during the latest session.

Ensuring Access to Safe Products 

Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN), was also pleased with the veto, and said the bill likely would have restricted access to safe products without achieving its end goal.

“We are pleased that Governor Hochul recognized that the proposal passed by the legislative chambers, while well intentioned, likely would not have much of an impact on the public health problem of increased eating disorders and body dysmorphia among young adults. It would impose an unfair burden on retailers that would be difficult for them to meet, but had little impact on products sold online, products that more often attract young people with aggressive claims,” Mister said.

In particular, CRN engaged with the sponsors of the bill and other lawmakers about the absence of scientific evidence linking dietary supplements to disordered eating, and issues about the scope of the bill.

When it advanced past the legislative chambers, CRN consulted with Hochul’s staff to provide them with scientific information on the safety of supplements, and existing federal regulation on affected products.

“We appreciate that the Governor listened to these objections and vetoed the bill,” Mister said. “CRN stands ready to work with legislators and the Governor in the upcoming legislative session to provide industry perspective and technical assistance if lawmakers move forward with a revised proposal. We are committed to assuring wide access to a broad range of safe and beneficial dietary supplements to all consumers.”