New legislation aims to reaffirm FDA authority over supplements

Editor’s Note: This article has been updated on February 5, 2026 at 2:38pm ET to include the citation for the press release.

A new federal bill introduced in the U.S. House of Representatives aims to reaffirm national oversight of dietary supplement regulation and limit the emergence of differing state-level requirements. Announced on February 4, 2026, the Dietary Supplement Regulatory Uniformity Act was introduced by Congressman Nick Langworthy and is positioned as an effort to maintain consistent, science-based standards for supplements under the authority of the U.S. Food and Drug Administration (FDA).¹

Federal and state supplementation regulations

Dietary supplements, including vitamins, protein powders, creatine, and other nutrition products, are widely used by U.S. consumers and have long been regulated at the federal level under a framework set up by the Dietary Supplement Health and Education Act of 1994 (DSHEA). The introduction of the Dietary Supplement Regulatory Uniformity Act comes amid broader policy discussions about the role of federal versus state authority in consumer health product oversight.

The press release announcing the bills criticizes recent state-level legislation passed in New York and other states regulating the sale of dietary supplements marketing for weight management, arguing it creates consumer confusion, increases compliance costs for businesses, and limits consumer access to products, all without increasing safety. “This is regulation for regulation’s sake,” stated Congressman Nick Langworthy. “New York is notorious for baseless overregulation that burdens small businesses without making anyone safer or improving public health. When states ignore science and override FDA determinations, consumers are misled and local businesses pay the price.”

The proposed legislation would clarify that FDA oversight serves as the primary national regulatory standard for dietary supplements. It would also prevent states from establishing conflicting requirements while also preserving a pathway for states to petition the FDA if evidence-based local health concerns arise.

“At its core, this bill is about protecting consumer health and common sense,” stated Langworthy. “If a product is safe under federal law, it shouldn’t be treated as dangerous in New York and lawful just across the border. We can safeguard public health without crushing small businesses and that’s exactly what this legislation does.”

Industry response on the new legislation

Industry stakeholders have voiced support for the measure, including several national trade organizations representing supplement manufacturers and consumer health product companies such as the Consumer Healthcare Products Association (CHPA; Washington, D.C.), the Natural Products Association (NPA; Washington, D.C.), the American Herbal Products Association (AHPA; Silver Spring, MD) and the Council for Responsible Nutrition (CRN; Washington, D.C.).

The CHPA highlighted the unified foundation for regulation the legislation aims to reinforce. “This legislation secures a single, science-based national standard for dietary supplements, providing the clarity, consistency, and consumer confidence Americans deserve,” stated CHPA President and CEO Scott Melville, in the press release. “For more than 30 years, the nation has relied on a federal framework to regulate dietary supplements, and we thank Congressman Langworthy for his leadership in reinforcing that foundation as policymakers and industry pursue thoughtful modernization. At a time when a patchwork of state-level regulations threatens to create confusion, raise costs, and limit consumer access to safe, beneficial products, this bill maintains a unified national approach while preserving limited flexibility for states when truly necessary.”

NPA’s president and CEO Daniel Fabricant PhD added, “The introduction of Congressman Langworthy’s bill is a decisive and long-overdue answer to state overreach, which has become a defining threat to consumers and the future of the dietary supplement industry. Restoring federal primacy is the only way to ensure a stable, science-based regulatory environment that protects innovation, preserves consumer access, and prevents a costly, unworkable patchwork of state laws. American consumers of dietary supplements deserve clear and consistent national standards that are administered and enforced by the U.S. Food and Drug Administration. We urge industry leaders, retailers, and stakeholders across the supply chain to join us in supporting this essential legislation. We look forward to working with Congressman Langworthy to advance this bill in the 119th Congress.”

In a February 4, 2026, press release from the NPA,² Jim Emme, Chairman of NPA’s Board of Directors also stated, “For more than 30 years, DSHEA has provided a clear national framework for regulating dietary supplements under FDA’s authority. Rep. Langworthy’s legislation supports that framework and would put an end to a growing patchwork of state laws and bills that threaten to disrupt U.S. commerce and confuse consumers about FDA oversight of science-backed products with established histories of safe use.” Emme also leads NOW Health Group.

AHPA noted the access to supplements and industry innovation that the legislation aims to preserve. “AHPA strongly supports legislation to establish federal preemption, a move essential to protecting the free interstate commerce that defines our nation,” stated Graham Rigby, President & CEO of American Herbal Products Association. “An inconsistent patchwork of state regulations would create a highly restrictive environment that would stifle innovation, increase business compliance costs and complexity, and ultimately restrict consumer access. AHPA applauds Congressman Langworthy for introducing the Dietary Supplement Regulatory Uniformity Act, which would appropriately defer to the country’s robust national regulatory framework and help ensure that the millions of dietary supplements sold daily in the U.S. marketplace can reach Americans without needlessly burdensome state-level barriers.”

CRN notes the value of science-backed regulation for increasing consumer confidence. “Americans benefit when dietary supplements are regulated under one clear, national standard grounded in science,” stated Steve Mister, President and CEO of CRN. “This legislation protects consumers from confusing and alarmist state-level restrictions and requirements while ensuring responsible companies can continue to innovate and provide safe, high-quality products nationwide. Strong federal oversight and uniform enforcement are essential to maintaining consumer confidence and ensuring a level playing field for responsible businesses. CRN commends lawmakers for taking action to keep dietary supplement policy grounded in science—not sensationalism.”

This article was created with assistance from AI. The content has been reviewed and edited by Erin McEvoy, Associate Editor. For more information on the extent and nature of AI usage, please contact us.

References

1. Langworthy, N. Congressman Langworthy Introduces Dietary Supplement Regulatory Uniformity Act Legislation to Protect Consumer Health and Rein in Burdensome State Overregulation. February 4, 2026. https://langworthy.house.gov/media/press-releases/congressman-langworthy-introduces-dietary-supplement-regulatory-uniformity-act (Accessed 2026-02-05).
2. Natural Products Association. Natural Products Association Applauds Introduction of Federal Preemption Legislation to Protect Consumer Access to Dietary Supplements. February 4, 2026. https://www.npanational.org/news/natural-products-association-applauds-introduction-of-federal-preemptionlegislation-to-protect-consumer-access-to-dietary-supplements/ (Accessed 2026-02-04).