NPA files complaint against New York state law prohibiting the sale of weight management and muscle building supplements to minors

The Natural Products Association (NPA; Washington, D.C.) has filed a complaint in the U.S. District Court of the Eastern District of New York that asserts the recently enacted New York law prohibiting the sale of weight management and “muscle building” supplements to minors, is unconstitutional. NPA argues that the legislation is unconstitutional because it is in conflict with the Federal Food, Drug, and Cosmetic Act (FD&C), which preempts enforcement of the state law, and that the provisions that conflict with the FD&C will inevitably lead to improper, arbitrary, and capricious application of the law. NPA also says that the state law improperly allows for private causes of action, which are exclusively the purview of the U.S. Food and Drug Administration.

“Governor Hochul’s decision to flip-flop and cave to anti-supplement charlatans is evidence she cares more about politics than New Yorkers’ ability to stay healthy,” said Daniel Fabricant, PhD, president and CEO of NPA, in a press release. “Not only is this unconstitutional, but this prohibition is a bad policy threatening the ability of nearly 80% of Americans to access wellness products they’ve relied on for their health routines. It also violates the U.S. Constitution because it hands the state’s executive branch unfettered discretion to restrict access to dietary supplements and relies on an absurd enforcement mechanism to enforce compliance. We believe the court will recognize the serious concerns raised and declare it unconstitutional.”

The complaint aims to have the legislation declared unconstitutional or preempted by the FD&C, declared unconstitutional because it discriminates against interstate commerce, and seeks an injunctive order restraining the Attorney General’s Office from enforcing the state law.