The Council for Responsible Nutrition (CRN) filed an appellate brief in the U.S. Court of Appeals for the Second Circuit challenging a New York federal court’s denial of CRN’s preliminary injunction against the age-restriction law on muscle building and weight loss supplements. The law was signed in October 2023 and went into effect in April 2024.
The action is part of CRN’s ongoing efforts to protect consumer access to health products and uphold the rights of it members to truthfully market dietary supplements. The lawsuit was filed on Mar. 13, 2024 and seeks to enjoin enforcement of the law, arguing it “infringes on constitutional rights to provide and receive truthful health information.”
“Our decision to pursue this appeal underscores our commitment to protecting the rights of our members and the consumers they serve,” said Steve Mister, president and CEO of CRN. “The New York law is a misguided approach that will not address the complex issue of eating disorders but will instead hinder access to truthful information and products that support health and wellness.”
CRN’s brief outlines several concerns with the preliminary injunction decision. First, is whether or not the law regulates conduct or free speech. CRN also argues the district court did not “meaningfully address” the association’s arguments related to how the law burdens speech. Second, the law is “unconstitutionally vague,” leaving retailers and manufacturers uncertain about which products are covered and how to comply. Finally, is whether the bill is preempted by the Federal Food, Drug and Cosmetic Act (FDCA).
“This case is pivotal not only for our industry but for the protection of commercial speech and the right to communicate truthful information across a broad range of lawful products. We are confident in the strength of our arguments and remain determined to see this law overturned,” said Megan Olsen, senior vice president and general counsel of CRN.
For more information, visit www.crnusa.org.
