WASHINGTON — The Council for Responsible Nutrition (CRN), the main trade association representing the dietary supplement and functional food industry, today voiced firm opposition to California Senate Bill 1033. This legislation would introduce new state-specific testing, disclosure, and labeling requirements for protein powder and other concentrated protein products sold in California.
While CRN supports science-based safety standards and transparency in the dietary supplement marketplace, SB 1033 reflects a misguided policy approach that would impose burdensome requirements beyond the federal regulatory framework and send alarmist messages to consumers disconnected from any real harm. Such measures risk confusing consumers, raising costs, and undermining the uniform national system that has overseen dietary supplements for over three decades.
“Dietary supplements are already regulated under a comprehensive federal framework that includes rigorous Good Manufacturing Practices and contaminant testing requirements,” said Steve Mister, President & CEO of CRN. “Layering additional state-specific mandates on top of that system is unnecessary and counterproductive. It creates regulatory fragmentation without improving consumer safety.”
Under federal law, dietary supplement manufacturers must follow comprehensive Good Manufacturing Practices (GMPs), which include testing for contaminants like heavy metals and ensuring products meet established safety standards. Modern analytical techniques can detect extremely small trace levels of naturally occurring elements, but detection alone does not indicate a risk.
Furthermore, protein products, like all foods, are already subject to California’s Prop 65, which requires warning labels for items that exceed cautious thresholds for heavy metals. Therefore, California consumers are already informed if a product surpasses California’s allowable levels. SB 1033 would add more California-specific testing disclosures and labeling requirements for protein powders and related items, creating a separate compliance system unique to one state. It overlooks the fact that many foods people eat, including fresh produce and meats, naturally contain trace amounts of heavy metals from the environment. Protein products are being singled out for special treatment that may worry consumers and discourage their use, without recognizing that most daily activities expose consumers to low levels of environmental contaminants.
This kind of patchwork approach affects companies of all sizes, whether national brands or emerging innovators, requiring separate testing protocols, website disclosures, packaging revisions, and supply chain adjustments tailored to individual state requirements.
“The proliferation of inconsistent mandates across states could disrupt national distribution systems and increase costs for businesses and consumers alike,” Mister continued. “A fragmented state-by-state system introduces uncertainty, inefficiency, and unnecessary expense across the marketplace.”
Legislation such as SB 1033 underscores why CRN strongly supports the federal Dietary Supplement Regulatory Uniformity Act, which reaffirms the FDA’s authority as the national regulator of dietary supplements and prevents states from imposing conflicting or duplicative requirements. A single, science-based national standard provides clarity for consumers, consistency for manufacturers, and a stable environment for innovation and compliance.
“For more than 30 years, dietary supplements have been regulated under a clear, science-based federal framework,” Mister added. “Consumers are best served when there is one national standard—not a growing patchwork of state-by-state mandates. CRN will continue fighting to protect responsible companies, defend consumer access, and ensure supplement policy remains grounded in sound science—not sensationalism.”
CRN urges California lawmakers to reconsider SB 1033 and instead work collaboratively within the federal framework to strengthen uniform, science-based oversight that protects consumers without placing unnecessary burdens on responsible protein powder manufacturers.
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