Gov. Huchel vetoed a similar bill last December, voicing concerns that the state’s health department, which would have been tasked with determining what products are subject to the bill, lacked “the expertise necessary to analyze ingredients used in countless products, a role that is traditionally played by the FDA.”
The 2023 bill defines dietary supplements for weight loss or muscle building as: products labeled, marketed, or otherwise represented for the purpose of achieving weight loss of muscle building, but not including protein powders, protein drinks and foods marketed as containing protein unless those products contain an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss of muscle building.
Examples of those ingredients include creatine, green tea extract, raspberry ketone, Garcinia cambogia, and green coffee bean extract, according to the text of the bill.
Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), told NutraIngredients-USA: “Governor Hochul’s decision to prohibit access to safe and reliable dietary supplements like amino acids, creatine and other essential nutrients is fundamentally flawed and only hurts consumers.
“The FDA data shows there is no connection between the use of dietary supplements and to ignore the science is a dangerous mistake. NPA will use every lever available including the courts to right this wrong.”
In a statement from the Council for Responsible Nutrition, the organization noted that this legislation and similar bills around the country are being pushed by special interests, namely the Strategic Training Initiative for the Prevention of Eating Disorders (STRIPED).
Steve Mister, CRN’s president and CEO, stated: “This will impact a huge swath of products sitting on grocery store, pharmacy and natural retailer shelves throughout New York State.
“Because of this blatant, alarmist misinformation pushed by STRIPED, Empire State consumers of all ages will have their ability to purchase dietary supplement products limited. It’s a sad day for consumer choice and scientific accuracy."