As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law went into effect on Monday, April 22. The U.S. District Court of the Southern District of New York has denied the request of a trade association, the Council for Responsible Nutrition (CRN), for a preliminary injunction.
As we reported late last year, another trade association, the Natural Products Association (NPA), is challenging the new state law, and this lawsuit is ongoing. NPA filed its lawsuit in New York's Eastern District in December, and, according to the docket, all briefings must be filed before July 1.
Unless one of the lawsuits is successful or the law is changed, companies should assess whether they are subject to these new requirements. Is your age-verification process in place? Have you conducted and completed your product review to determine which of your products appear to be subject to the new law?
Your review should include protein products, including both their ingredients and claims made. For example, are any of the following ingredients present:
- Creatine
- Green tea extract
- Raspberry ketone
- Garcinia cambogia
- Green coffee bean extract
- Steroid or
- An ingredient approved by FDA for weight loss or muscle building?
