Washington, DC—The Council for Responsible Nutrition (CRN) shared the latest development around a New York law restricting the sale of certain dietary supplements to individuals under 18, which took effect on April 22, 2024. The law prohibits retailers from selling over-the-counter dietary supplements to minors if those products are labeled, marketed, or otherwise represented for weight-loss or muscle-building. The law focuses on how products are marketed, focusing on claims related to body image and physical appearance, which CRN says constitutes an unlawful restriction on commercial speech under the First Amendment. CRN’s lawsuit challenges the constitutionality of the NY law on First Amendment grounds. (Background: CRN’s NY Age-Restriction Lawsuit Moves Forward)
On November 13, 2025, the U.S. Court of Appeals for the Second Circuit declined to grant a preliminary injunction to pause enforcement of a New York law restricting the sale of certain dietary supplements to individuals under 18. Oral arguments in the appeal were heard on January 24, 2025, and as CRN explained, the Second Circuit did not disturb the lower court’s denial of a preliminary injunction, but CRN’s broader lawsuit challenging the constitutionality of the law on First Amendment grounds is still permitted to proceed.
“While we are disappointed in the court’s decision not to halt enforcement at this stage, we remain confident in the strength of our constitutional challenge,” said Megan Olsen, CRN Senior Vice President and General Counsel. “This law improperly targets truthful, lawful marketing claims about dietary supplements and represents a troubling attempt to regulate speech, not safety.”
Steve Mister, President and CEO of CRN, added, “This case is far from over. We are prepared to continue fighting for the principle that the government cannot suppress commercial speech simply because it disapproves of the message. Consumers and companies alike deserve regulatory frameworks that are rooted in science, not stigma.”
About the NY Law to Restrict Access to Certain Supplements
As WholeFoods Magazine has reported, in October 2023, Governor Kathy Hochul (D-NY) signed A.5610/S.5823 into law to ban the sale of certain weight loss and sports nutrition dietary supplements to New York consumers under the age of 18. CRN explained that the law prohibits retailers in New York from selling to anyone under 18 years old any dietary supplements with ingredients that are labeled, marketed, or otherwise represented for “weight loss” or “muscle building,” even if the product doesn’t explicitly make such claims. Retailers who fail to comply are subject to fines for each infraction.
Why Age Restriction?
Lawmakers in NY and elsewhere are under pressure from Harvard-based organization STRIPED (Strategic Training Initiative for the Prevention of Eating Disorders). STRIPED claims that certain dietary supplements cause eating disorders. As Susan J. Hewlings, Ph.D., RD, and Douglas S. Kalman, Ph.D., RD, have explained to WholeFoods Magazine readers, the main objective of legislation that has been proposed in various states is to limit access of teens to specific dietary supplements that they refer to as “weight loss” or “diet” supplements. These include protein, creatine, branched chain amino acids, and diet pills, which are not clearly defined. The research they reference to support their platform is full of scientific holes, which are discussed in a recent review published in Nutrients.”
Industry members share concerns about eating disorders. As Mister noted: “Like the supporters of this law, CRN’s member companies take the rise in eating disorders among young people seriously. However, this law is an example of misguided regulation that will harm both the industry and consumers. Our lawsuit seeks to enjoin the enforcement of the law and protect the rights of our members to communicate truthful information about their products.”
