The proposed legislation, H.R. 7366, aims to amend the Federal Food, Drug, and Cosmetic Act to make it clear that states cannot create or maintain dietary supplement regulations that are inconsistent with federal law.
States may receive an exemption if their regulations are stricter than federal provisions or address a serious local issue, provided that compliance with such regulations does not cause any violation of federal law.
In recent years, there has been a growing trend of varying state-level laws regarding dietary supplements, particularly in relation to age restrictions, as seen in New York, and ingredient bans.
During a hearing on April 29 titled “Healthier America: Legislative Proposals on the Regulation and Oversight of Food,” Rep. Nick Langworthy (R-NY) reiterated his support for H.R. 7366, legislation he introduced on February 4.
“For nearly 30 years, dietary supplements have been regulated under a unified, science-based national framework managed by the FDA, providing consumers with confidence in product safety and consistent labeling across the country,” Langworthy stated. “However, in recent years, especially in various sectors, states have deviated from this model, imposing their own restrictive requirements that often exceed what the FDA has already deemed safe.
“My home state of New York frequently adopts such measures, resulting in higher costs and fewer choices for consumers. When states challenge FDA science-based determinations, the same product may be labeled safe in one state and questionable in another, merely by crossing state lines. This is regulation without purpose; it serves neither businesses nor the people they cater to. That’s the rationale behind H.R. 7366, the Dietary Supplement Regulatory Uniformity Act, which aims to establish a single, clear national standard based on science, replacing the confusing mosaic of conflicting state regulations.”
NPA: “A clear, common-sense solution”
For nearly three decades, dietary supplements have been governed at the federal level under the Dietary Supplement Health and Education Act of 1994 (DSHEA). Advocates of H.R. 7366 argue that recent state initiatives undermine this framework and create compliance challenges without enhancing consumer protection.
Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), described H.R. 7366 as “a timely and necessary measure to restore clarity, consistency, and scientific integrity to the marketplace.”
“At its core, this legislation reaffirms the FDA’s authority to enforce a uniform national framework for dietary supplement regulation, a system that has protected public health and fostered innovation for decades,” he remarked.
“Unfortunately, the industry is increasingly beset by conflicting state-level regulations, many of which are more influenced by political agendas than scientific evidence. These varied requirements not only burden manufacturers and retailers but also create unnecessary confusion for consumers who seek safe, reliable products.
“H.R. 7366 provides a clear, common-sense solution: it reinforces a single, science-based federal standard that guarantees consumer protection while maintaining access and fostering innovation. On May 12, during NPA’s Fly-In Day, our members will engage with congressional offices to highlight the urgency of this issue, advocate for the swift passage of the bill, and encourage more lawmakers to co-sponsor this important legislation in support of a coherent and sensible regulatory framework,” Dr. Fabricant concluded.
