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The Council for Responsible Nutrition CEO Steve Mister testified against a proposed New Jersey bill that would impose age restrictions on the sale of certain supplements in the state. In his testimony, Mister stated:
The Council for Responsible Nutrition (CRN) respectfully opposes A.1848 as currently written. The dietary supplement industry has maintained a substantial economic footprint in New Jersey for several decades and accounts for over $9.4 billion in direct economic impact annually, with an additional, indirect/induced impact of $9 billion per year. Additionally, our industry generates over $2.7 billion annually in taxes and provides thousands of jobs across the state.
A.1848 intends to restrict access to two broad categories of products—those used for weight management and those used for sports and active nutrition (i.e., muscle building)—by mandating retailer-imposed age restrictions on hundreds of products because of unjustified and unsupported concerns that the products are supposedly tied to eating disorders.
We agree that eating disorders are a disturbing and serious mental health issue, particularly with the popularity of numerous social media platforms that are appealing to young people and the algorithms tied to the advertising on those platforms. Social media usage, along with a host of other considerations (e.g., bullying, peer pressure, idealized depictions of human physiology) all contribute to the growing concern about body dysmorphia and eating disorders.
While we understand the concern may stem from a perceived misuse/abuse of such products, CRN is alarmed by this legislation because the bill restricts safe, legal, and regulated products – ultimately limiting access to all consumers, regardless of age, who find benefit in these products. Requiring retailers and mail-order/online distributors to seek age verification for purchases inescapably means less access for everyone.
Currently, there is no credible scientific data that the products identified in this bill lead to or cause body dysmorphia, eating disorders, or mental health issues. Let’s be absolutely clear about this: there is no medical literature that demonstrates a causal relationship between the use of these products and the onset or exacerbation of eating disorders.
In addition, A. 1848, as it is currently written is fraught with misunderstandings about federal law and the safety of dietary supplements:
As written, the bill does not impose any meaningful regulation of online retailers, so it imposes a disproportionate impact on in-state New Jersey retail stores, and actually encourages young people to move to online purchases.
As written (due to an apparent drafting error), the bill does not apply to any dietary supplements marketed for weight management (as opposed to muscle-building supplements which are affected), and only covers a single over-the-counter medicine.
As written, the bill targets any dietary ingredient used for muscle support, including a broad range of amino acids, but excludes protein powders, the most widely used dietary ingredient for muscle support. Many of these other ingredients are more thoroughly studied and have safety profiles just as strong as protein.
As written, the bill does not apply to a wide range of food products, from bars to teas, that are commonly marketed for weight management. Why are they excluded from the restrictions? Is this just a misunderstanding about the category of dietary supplements, which are regulated by FDA?
As written, the bill only applies to drugs that are in compliance with the federal regulations (21 CFR 201.66)—shouldn’t the legislation actually be targeting illegal products that are mismarketed as drugs or supplements but contain illicit chemical that could actually be harmful?
CRN and our New Jersey member companies have had productive discussions with representatives and the bill sponsor. We are committed to continuing to work with the sponsors, the New Jersey legislature, and proponents of the bill to address legitimate concerns relating to eating disorders and the nutrition deficiencies they cause, but this legislation is not a solution.
If enacted, this proposal would:
Cast an overly broad net over thousands of safe and beneficial sports nutrition dietary supplements because of the ambiguous inclusion of dietary supplement products “sold for or used with the intent to build muscle;”
Attempt to restrict products based on the claims that are made for them (i.e., if they make claims for weight management or muscle support), rather than identifying any illegal ingredients or demonstrating actual harm from their use. As such, they are restrictions based on the content of the claims for the products in violation of the First Amendment. CRN is currently suing the State of New York for a similar law that unfairly targets claims made for a product instead of actual harmful ingredients.
It does not regulate online sales, thus harming in-state retailers who would be subject to the penalties outlined in the legislation;
Place unreasonable compliance and economic burdens on New Jersey retailers by requiring hundreds of products be age-verified at retail establishments;
Have significant negative impacts on all consumers and their access to safe and beneficial products;
Place an enormous enforcement burden on the State to inspect thousands of stores including but not limited to drugstore/pharmacies, gyms, yoga studios, bodegas, big box chains, supermarkets, and convenience stores resulting in a large financial cost to the State; and
Add more responsibility and impose financial burdens for regulation to the Department of Health, to determine what products cannot be freely sold in retail establishments statewide. Due to thousands of products currently available, and new products regularly launched, this regulatory process could become overwhelming and costly.
Most importantly, however, the proposal lacks an important component. It does NOT PROVIDE BENEFITS to adolescents with eating disorders nor provide adequate resources for their mental health, condition, or recovery.Instead, the penalties collected under this proposed law are paid into the municipality for general use.
Conclusion: We can all agree that state, federal and local resources should be made available to young people suffering from eating disorders. However, targeting a regulated industry to limit access to safe and beneficial products is punitive and harmful to retailers and all consumers in New Jersey. Dietary supplements are a supplement to, not a substitute for, a well-balanced diet and a healthy lifestyle. When used properly, they help promote overall good health and prevent disease. Whether it is a multivitamin, folic acid, calcium, fiber, probiotics, protein, leucine, arginine or many others, these supplements have improved the health of consumers.
