CRN Spotlights Regulatory Issues Related to MAHA, State Actions and More

CRN Spotlights Regulatory Issues Related to MAHA, State Actions and More



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Washington, DC—The Council for Responsible Nutrition (CRN) has shared insights, key updates, and action steps on a variety of issues impacting the natural products industry.

Make Our Children Healthy Again Report

Following the release of the Make Our Children Healthy Again Report, CRN noted that the report brings attention to nutrition and identifies connections between proactive healthy behaviors and disease prevention. The association added that there is an opportunity to acknowledge the role that dietary supplements can and should play in addressing challenges related to diets, preventable conditions, and access to healthy foods.

A statement from CRN said, “We look forward to working with Secretary Kennedy and the Administration to ensure supplements are given appropriate regulatory attention and considered as part of any initiatives that encompass nutrition—whether through health education, access programs like SNAP, or healthcare savings tools such as FSAs and HSAs. The notion that if we all just eat all the right foods, we can attain a perfectly nutritious diet, has proven elusive for most Americans, and the Report offers many constructive proposals to make better health more attainable. Dietary supplements and functional foods can help provide essential nutrients and other healthful ingredients. CRN stands ready to collaborate with policymakers, health professionals, and industry partners so that the conversation about nutrition includes the full range of tools—diet, functional foods, and supplements—that can help improve health outcomes and reduce long-term healthcare costs.”

White House Announcement on Folate and Prenatal Health

In September, the Trump Administration issued an announcement with respect to folate and the potential connection to autism. In it, FDA Commissioner Dr. Marty Makary said, “A growing body of evidence suggests that some children suffering from autism are folate deficient within the brain…” 

CRN issued a statement noting that the White House announcement on folate and prenatal health “raises compelling questions that invite even more rigorous research. It only reinforces the importance of receiving complete nutrition for the health of both mothers and their babies before and during pregnancy. As research continues to emerge on other potential benefits of folate, women are encouraged to discuss these findings with their healthcare providers.”

CRN pointed out that, for more than 30 years, research has shown that folate plays a critical role in healthy pregnancies and healthy babies, particularly in reducing the risk of neural tube birth defects. The association added: “Women who are pregnant or may become pregnant should make sure to take a high-quality prenatal supplement to ensure they are getting adequate folate along with other critical nutrients for a healthy pregnancy.”

Supplement Access in NY and Beyond

In September, CRN submitted a filing to the Department of Justice (DOJ) in response to DOJ’s request for information on state laws harming interstate commerce. CRN explained that its submission highlights New York’s recently enacted law that restricts the sale of certain dietary supplements to adults and minors if products are “labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building.” CRN noted that the issue is not just about New York’s policy, but about how federal and state authority intersect in regulating dietary supplements—and whether other states may follow suit.

CRN outlined its concerns for the industry:

  • Impact beyond New York: The restrictions are framed as a state law, CRN explained, but the impact would be nationwide, as it would disrupt interstate commerce, raise costs, chill truthful speech, and complicate retailer compliance.

  • Federal preemption concerns: CRN maintains that the law  conflicts with FDA’s authority under the Food, Drug, and Cosmetic Act. It adds new barriers on federally regulated labeling claims, which CRN pointed out is something Congress explicitly preempted.

  • Consumer access at stake: CRN explained that, by blocking minors (and in some cases adults without ID) from buying otherwise lawful products, the law could reduce access to safe, federally regulated dietary supplements while doing little to address eating disorder risks.

  • Ongoing litigation: CRN has already challenged the law in court, and the filing underscores how state-by-state restrictions threaten the stability of the supplement market.

Concerns in CA Over Proposed Law & Prenatal Vitamin Use

CRN raised an alarm over the California legislature’s passage of Senate Bill 646 and called on CA Governor Gavin Newsom to consider unintended consequences of the bill before signing it into law.

As CRN explained, the bill requires prenatal vitamin manufacturers to test each lot of their products for heavy metals, submit the results to the state, and make those raw test scores public on company websites. CRN maintains that, as written, the legislation will frighten pregnant women away from taking the supplements they need for a healthy pregnancy. CRN also cautions that the bill provides incentives for unscrupulous firms to leave out critical nutrients to receive better test results.

“By forcing manufacturers to release test results to consumers without sufficient explanation, the bill risks convincing pregnant women that prenatal vitamins are unsafe, when the opposite is true,” said Steve Mister, President and CEO of CRN. Most pregnant women don’t get the recommended requirements of iron, choline, vitamin D or omega-3s from their diets alone. Mister explained, “The danger is that women will either avoid supplements altogether or choose products stripped of critical nutrients like calcium, iron, magnesium, and zinc simply to show lower heavy-metal numbers.”

Research already shows that the vast majority of pregnant women fail to meet nutritional requirements through diet alone, Mister said, and without supplemental support, risks of nutrient deficiencies increase. The bill could ultimately compromise prenatal health by fostering fear and confusion.

CRN added that responsible companies already adhere to federal safety standards and invest heavily in reducing heavy-metal content to the lowest feasible levels. CRN added that trace amounts of heavy metals occur naturally in many foods and minerals, and prenatal vitamins—carefully manufactured to minimize these levels—nevertheless may contain detectable amounts of heavy metals, although providing far less exposure than the very foods women are encouraged to eat. Given that, CRN said, effective transparency must come with education, ensuring consumers understand why trace elements exist, how they compare to everyday foods, and why prenatal vitamins remain essential for healthy pregnancies.

CRN pledged to work with the Governor, legislators, scientists, and public health experts to design a more constructive approach that genuinely informs consumers while protecting their health and ensuring continued access to safe, effective prenatal nutrition.

Clarification in California Law on Baby Food Testing

In October, CRN shared the news of a “significant policy win” in California with the enactment of S.B. 862. Signed by Governor Gavin Newsom on October 1. As CRN explained, the legislation clarifies that dietary supplements are not subject to the state’s baby food testing and labeling requirements established under A.B. 899 (passed in October 2023, which requires manufacturers of baby food to test products for toxic elements and publicly disclose the results;  the law defined “baby food” as packaged foods intended for infants and children under two years of age, and earlier in 2025 the California Department of Public Health (CDPH) expanded its interpretation to include dietary supplements marketed for young children).

CRN engaged with California lawmakers, including A.B. 899 author Assemblymember Al Muratsuchi, to confirm that supplements were never intended to fall within the law’s scope. Now, S.B. 862 explicitly excludes dietary supplements from the definition of “baby food.”

“California policymakers recognized what we have said all along: dietary supplements are distinct from baby food and should not be subject to duplicative and inappropriate testing requirements,” said Mister. “This clarification ensures that consumers continue to have access to safe, beneficial supplement products for their families without unnecessary regulatory confusion.”

CRN said it will continue monitoring CDPH’s implementation of A.B. 899 and S.B. 862 to ensure that dietary supplements remain outside the law’s requirements and that member companies are not subject to unintended enforcement.

Related: New Analysis Shows Benefits & Costs of Expanded HSA/FSA Access to Dietary Supplements

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