New Hampshire Closes Liquor-Law Gap for Herbal Tinctures

New Hampshire has enacted legislation that formally exempts alcohol-based herbal tinctures and liquid extracts marketed as dietary supplements from state liquor regulation, resolving a conflict that had put these products at risk of removal from retail shelves.¹ Governor Kelly Ayotte signed SB 524 into law on July 2, 2026, with the new framework taking effect January 1, 2027.²

The bill adds a new section to New Hampshire's alcoholic beverage statute stating that the state's liquor laws "shall not apply to the sale of alcoholic preparations that are not fit for use as a beverage," a category that explicitly includes dietary supplements as defined under the federal Dietary Supplement Health and Education Act of 1994. The same exemption also covers nonprescription and proprietary medicines, toiletry and antiseptic preparations not fit for beverage use, and flavoring extracts or syrups not fit for beverage use.

As noted by the American Herbal Products Association (AHPA), before this change, the New Hampshire Liquor Commission (NHLC) had identified a gap in state law that placed alcohol-based tinctures under its jurisdiction, prompting the agency to require these products' removal from store shelves in late 2025.³

How Did the Industry Respond to the Retail Threat?

AHPA led a response to that removal order, organizing stakeholders, members, and herbal advocates to press for a legislative fix. AHPA President and CEO Graham Rigby described the outcome as significant for the industry. "This is a monumental win that codifies and permanently protects consumer access to traditional herbal liquid extracts,” he stated. Rigby also added that when the industry faced the sudden threat to retail access, the association “engaged, rallied the herbal community, and brought a proactive solution to the table. By working directly with state legislators and regulators, we successfully established a clear legal distinction between alcohol-based herbal tinctures and liquid extracts marketed as dietary supplements and NHLC-regulated liquor.”

What Precedent and Advocacy Shaped the Final Language?

AHPA's advocacy drew on regulatory precedent from other states, including Pennsylvania's existing exemption for non-beverage alcoholic preparations, and secured direct engagement with New Hampshire State Senator Tara Reardon and the NHLC as the bill moved through both chambers. Rigby credited the association's working group on herbal tinctures and liquid extracts for sustaining the effort. “Their patience, passion, and action fueled the crucial momentum needed to push this across the finish line,” he stated. “AHPA remains fiercely committed to defending botanical stewardship, protecting consumer access, and ensuring our members' products have a secure, permanent place on standard retail shelves."

What Legislation Is California Proposing?

While New Hampshire addressed a liquor-classification issue, California lawmakers are pursuing a separate, access-focused measure aimed at supplement sales to minors. Assembly Bill 2030, authored by Assemblymember Josh Lowenthal, advanced through the Senate Judiciary Committee on June 30, 2026, after clearing the Senate Health Committee by a 9–0 vote.⁴ The bill would bar retailers and delivery sellers from selling over-the-counter diet pills or supplements marketed for weight loss or muscle building to anyone under 18 without a prescription, with compliance measures including age verification at retail and identity-checked shipping for online orders.

Why Is the Industry Concerned About AB 2030's Scope?

AB 2030 defines covered products by how they are "labeled, marketed, or otherwise represented" rather than by ingredient lists alone. AHPA has opposed the bill, arguing in its comments that common ingredients such as protein, vitamin D, and creatine could sweep unrelated products into the restricted category. The bill was re-referred to the Appropriations Committee on July 2, 2026, and now moves toward a full Senate vote.

References

1. New Hampshire General Court. Senate Bill 524, Chapter 259: An Act Relative to the Sale of Tobacco Products, E-Cigarettes, Devices, E-Liquids, or Alternative Nicotine Products and Relative to the Licensure and Sale of Certain Liquor Products. Approved July 2, 2026. Accessed July 14, 2026. https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1355&txtFormat=html&sy=2026
2. LegiScan. New Hampshire Senate Bill 524, 2026 Regular Session: An Act Enabling On-Premises Licensees to Deliver Liquor to Customers Who Order a Meal for Home Delivery and Establishing a Commission to Develop a Regulatory Framework for Tincture Products Containing Alcohol. Senate amended version. Accessed July 14, 2026. https://legiscan.com/NH/text/SB524/id/3378086
3. American Herbal Products Association. AHPA secures legislative victory protecting herbal tinctures in New Hampshire. AHPA Blog. July 6, 2026. Accessed July 14, 2026. https://www.ahpa.org/blog_home.asp?display=1403
4. McEvoy E. California Advances Assembly Bill 2030 on Age Restrictions for Weight-Loss and Muscle-Building Supplements. Nutritional Outlook. July 10, 2026. Accessed July 14, 2026. https://www.nutritionaloutlook.com/view/california-bill-2030-age-restrictions-weight-loss-muscle-building-supplements