Congress Introduces Bill Allowing Supplements Under HSA and FSA Spending Rules

A newly introduced bipartisan bill in Congress would allow consumers to use Health Savings Accounts (HSAs) and Flexible Spending Arrangements (FSAs) to purchase dietary supplements, a change that industry stakeholders say could broaden consumer access to preventive health products while reshaping purchasing patterns within the supplement category.^1,2

The Dietary Supplements Access Act,³ introduced by Sens. Kevin Cramer (R-ND) and John Curtis (R-UT), would amend the Internal Revenue Code to classify certain dietary supplements as qualified medical expenses eligible for reimbursement through HSAs, FSAs, Health Reimbursement Arrangements, and Archer Medical Savings Accounts. According to the proposed legislation, individuals could use up to $250 annually from these accounts for supplements, while joint filers could spend up to $500.

“Nutritional supplements are a crucial form of preventative care, keeping people healthier in the long run and, ultimately, driving down healthcare costs,” said Cramer in a statement announcing the legislation.⁴ “But right now, the rules don’t fully reflect this reality. By modernizing how health savings accounts and flexible spending accounts can be used, this bill gives families more freedom, more choice, and more ability to invest in their own wellbeing.”

The legislation arrives as dietary supplements continue to occupy a larger role in consumer wellness routines and preventive health strategies. Trade organizations representing the nutraceutical industry have supported the proposal—including Daniel Fabricant, PhD, president and CEO of the Natural Products Association—arguing that current tax policy has not kept pace with evolving consumer behavior around self-care and wellness products.

“Millions of Americans use dietary supplements as part of their daily health routine, yet current tax law treats these products as a luxury rather than the legitimate health tool they are,” noted Fabricant.¹

Why Could HSA and FSA Eligibility Matter for the Dietary Supplement Industry?

For finished product manufacturers and retailers, the proposed policy could create a new reimbursement pathway for supplements that are currently excluded from most tax-advantaged healthcare spending accounts. Industry observers have long argued that supplement purchases are often made out-of-pocket despite growing consumer interest in preventive health approaches.

“Consumers increasingly use supplements as part of their proactive health regimens, yet current tax policy has failed to keep pace with how Americans approach preventive care,” said Steve Mister, president and CEO of the Council for Responsible Nutrition.² “This legislation helps empower consumers to make health investments using the same tax-advantaged tools already available for many other wellness and medical expenses.”

Scott Melville, president and CEO of the Consumer Health Products Association agreed, noting this idea of “Giving consumers the ability to use their own pre-tax dollars to purchase supplements makes healthcare more affordable and accessible and empowers Americans to take a more proactive approach to their health and wellness.”⁴

The bill also reflects broader conversations occurring within healthcare policy around prevention, wellness spending, and long-term healthcare costs. In recent years, lawmakers expanded HSA and FSA eligibility for over-the-counter medicines and feminine hygiene products through the Coronavirus Aid, Relief, and Economic Security (CARES) Act.⁵ Industry groups supporting the new proposal describe the legislation as a continuation of that policy direction.

At the same time, the legislation does not alter the regulatory framework governing dietary supplements under the Dietary Supplement Health and Education Act, often referred to as DSHEA. Products would still be regulated as supplements rather than approved drugs, meaning manufacturers would continue operating within existing labeling, manufacturing, and structure/function claim requirements overseen by FDA.

How Does the Bill Fit Into Preventive Health and Wellness Trends?

The legislation comes amid sustained consumer interest in preventive wellness and personalized nutrition. According to the Centers for Disease Control and Prevention, dietary supplement use remains widespread among US adults, particularly multivitamins and vitamin D.⁶

Supporters of the bill also argue that allowing consumers to use pre-tax healthcare dollars for supplements aligns with broader public health efforts focused on nutrition and disease prevention.

What Are the Next Steps for the Dietary Supplements Access Act?

The legislation has been introduced in both the Senate and House of Representatives by Reps. Darin LaHood (R-IL), Brendan Boyle (D-PA), Claudia Tenney (R-NY), and Josh Gottheimer (D-NJ), but it has not yet advanced through committee review.

If enacted, the provisions would reportedly take effect beginning in 2027. For manufacturers, retailers, and suppliers in the nutraceutical industry, the bill’s progress may be closely watched as part of a larger policy discussion around consumer access, preventive healthcare spending, and the evolving role of supplements in wellness management.

References

1. Natural Products Association. Natural Products Association applauds introduction of the Dietary Supplement Access Act. May 20, 2026. Accessed May 21, 2026. https://www.npanational.org/news/natural-products-association-applauds-introduction-of-the-dietary-supplement-access-act/

2. Council for Responsible Nutrition. CRN applauds introduction of Dietary Supplements Access Act. May 20, 2026. Accessed May 21, 2026. https://www.crnusa.org/newsroom/crn-applauds-introduction-dietary-supplements-access-act

3. United States Senate. Dietary Supplements Access Act. May 2026. Accessed May 21, 2026. https://ciosenus.app.box.com/s/tt6ig9higuu6tf1ja1oq9u0iv2hvk0od

4. Cramer K. Cramer bill invests in preventative health and wellness, reduces costs for Americans. May 20, 2026. Accessed May 21, 2026. https://www.cramer.senate.gov/news/press-releases/cramer-bill-invests-in-preventative-health-and-wellness-reduces-costs-for-americans

5. Internal Revenue Service. IRS outlines changes to health care spending available under CARES Act. June 17, 2020. Accessed May 21, 2026. https://www.irs.gov/newsroom/irs-outlines-changes-to-health-care-spending-available-under-cares-act

6. Centers for Disease Control and Prevention, National Center for Health Statistics. National Health Statistics Reports, no. 183. April 18, 2023. Accessed May 21, 2026. https://www.cdc.gov/nchs/data/nhsr/nhsr183.pdf