The Council for Responsible Nutrition (CRN) issued a stark warning about the dangers posed to consumers by newly introduced bills in the Massachusetts legislature that would age restrict a broad array of dietary supplements.
According to CRN, this legislation is “even more prohibitive” than the controversial New York law enacted in 2024, which the association continues to challenge in federal court.
According to CRN, unlike New York’s law, which prohibits sale of any dietary supplements that are marketed, labeled or otherwise promote for weight loss or muscle building—but stops short of expressly limiting access to adults—the new Massachusetts bills would require this products to be place behind the retail counter in a locked case, effectively limited everyone’s access to the safe and regulated products. Industry experts argue this approach cuts off consumers from trusted products they rely on for their health and wellness.
CRN’s counsel argued in the U.S. Court of Appeals for the Second Circuit that the lower court “erred by not granting a preliminary injunction that would have halted enforcement of the New York law during litigation.” CRN maintains the age limits violate the First Amendment because “they are triggered by the nature of the claims being made rather than any actual harm.” The state also never demonstrated that restricting the items would have any effect on eating disorders among young people, the supposed reason for the law, CRN said.
According to CRN, while New York’s law impacts retailers and direct-to-consumer distribution including age verification measures, the bills in Massachusetts and Texas go even further by mandating physical placement restrictions that prevent self-service access and complicate retail compliance.
The New York law exempts protein powders that contain no other dietary ingredients, but other states restrict protein powder. Conversely, a new law in Colorado is limited to over-the-counter weight-loss drugs and avoids restrictions in dietary supplements. CRN argues these discrepancies “illustrate the fragmented regulatory landscape and raise concerns about economic and practical implications for both consumers and businesses operating in multiple jurisdictions.”
“The Massachusetts bill takes the regulatory overreach we saw in New York and amplifies it to a whole new level,” said Steve Mister, president and CEO of CRN. “The Massachusetts proposal directly targets retailers with burdensome requirements that prevent comparison shopping and create barriers to purchase that threaten to dismantle the industry’s ability to operate in the state.”
CRN has consistently opposed such legislation, emphasizing there is no credible scientific evidence linking dietary supplements to eating disorders. The association also expressed concern over the economic and logistical burdens the Massachusetts law would place on small businesses and retailers. It would also require extensive enforcement from the Attorney General.
“By penalizing consumers and retailers rather than addressing the root causes of eating disorders among young people, Massachusetts is effectively punishing the very entities that ensure consumers have access to safe and high-quality products,” said Julia Gustafson, vice president of government relations at CRN. “This overreach would lead to reduced choices and higher costs for consumers, all while undermining an industry that contributes significantly to the state’s economy.”
For more information, visit www.crnusa.org.
