Health information: Fighting “unconstitutional censorship”
The Alliance for Natural Health USA (ANH-USA) shared the news that, on December 23, 2025, FDA rejected an ANH-USA petition seeking to allow 114 truthful, science-based nutrient–disease health claims sourced directly from federal government agencies. In response, ANH-USA has filed a federal lawsuit against FDA, challenging “unconstitutional censorship of crucial health information.” The lawsuit contends that FDA violated the plain meaning of the authoritative statement provisions of the Food, Drug, and Cosmetic Act, the Constitutional Avoidance Doctrine, and the First Amendment, by suppressing these claims.
“FDA has apparently still not learned the lesson of the landmark 1999 health claims decision of the U.S. Court of Appeals in Pearson v. Shalala, that it may not suppress health claims unless it marshals empirical evidence that they are false and that no claim qualification will suffice to eliminate potential misleadingness,” said Jonathan Emord, General Counsel to ANH-USA. “Instead, it has refused to follow Pearson v. Shalala and is now asked to be accountable for that failing.”
ANH-USA’s rejected petition had compiled more than 5,000 pages of peer-reviewed research from agencies like the National Institutes of Health (NIH), including the Office of Dietary Supplements and the Centers for Disease Control and Prevention (CDC). ANH-USA pointed out that these agencies describe their materials as science-based and reliable for public health—yet the FDA deems the same statements “not authoritative” for food or supplement labels. “The agency defends an extraordinarily narrow definition of ‘authoritative,’ asserting that consumer-facing educational materials—even when described by the government itself as reliable and science-based—do not qualify,” ANH-USA said.
Robert Verkerk, Ph.D., ANH-USA Executive & Scientific Director, added, “FDA rejected every claim we petitioned—signaling it has no appetite to confront Big Pharma or its own censorship regime…Even when nutrient–disease statements come from government scientists and are supported by substantial evidence, FDA treats them as off-limits—because it still clings to what seems to be its primary mission: to protect Big Pharma from every source of competition.”
Putting the developments in content, Emord said, “FDA’s act to deprive the public of nutrient-disease associations endorsed by its own scientists is an appalling departure from the Make America Health Again (MAHA) agenda, making a mockery of the promise of transparency.”
If the lawsuit is successful, Emord said the win over FDA, “will usher into the market 114 vital nutrient-disease risk reduction claims at the point of sale, enabling consumers to better exercise informed choice in their quest to improve their own health and that of their families. Allowance of nutrient-disease risk reduction information to reach consumers is an indispensable component of the MAHA agenda, vital to reducing the risk of chronic disease in America and extending the human lifespan. Ironically, FDA currently stands foursquare against that part of the MAHA agenda, acting contrary to the transparency we have been promised by Secretary Kennedy and Commissioner Makary.”
Dr. Verkerk added: “Our FDAMA [ Food and Drug Administration Modernization Act] strategy directly aligns with the Administration’s MAHA agenda, yet HHS under Secretary Kennedy continues to limit public access to familiar agency health information at the point of sale. We’ll fight this every step.”
Age-restriction: Addressing Michigan House Bill 5250
In its Action Center, the Natural Products Association (NPA), said the legislation would restrict access to dietary supplements and create a dangerous precedent for other states to follow. “This bill is part of a coordinated national push to impose age restrictions, limit consumer access, and establish state-level standards that conflict with long-standing federal law under DSHEA,” NPA cautioned. “If Michigan moves, dozens of states will adopt similar language—putting our national marketplace, innovation pipeline, and consumer choice at risk.” NPA encourages employees, customers, and industry partners to take action, and offers a helpful resource to make it easier to add your voice.
For more on the bill, the Venable LLP Food and Drug Law practice issued a client alert titled “New Michigan Bill Targets Youth Access to Weight-Loss and Muscle-Building Supplements.”
Age-restriction: Addressing Alaska House Bill 236
Background: Read more on age restriction efforts across the U.S., industry actions, and the science.
Hemp: Establishing a federal regulatory framework
The American Herbal Products Association (AHPA) welcomed the introduction of the bipartisan Hemp Enforcement, Modernization, and Protection (HEMP) Act of 2026 by U.S. Congressman Morgan Griffith (R-VA), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Health, and Congressman Marc Veasey (D-TX). As AHPA explains, since the 2018 Farm Bill established the foundation for the modern hemp industry, there has been patchwork of conflicting state regulations in the absence of clear federal guidance.
The HEMP Act aims to resolve the years of regulatory uncertainty by establishing a federal framework for hemp-derived products within the U.S. Food and Drug Administration (FDA). This would help ensure consumer safety and market stability for legitimate producers. AHPA noted that Congressman Griffith’s measure, alongside the recently introduced Hemp Planting Predictability Act, represents legislative interest in protecting responsible industry from abrupt market closures and supporting this crucial industry.
“We applaud Congressman Griffith and Congressman Veasey for their leadership in presenting an initial path forward for the federal regulation of hemp-derived cannabinoid products,” said Graham Rigby, AHPA President & CEO. “Establishing a regulatory framework is essential to protecting consumer access to safe, high-quality hemp-derived products while ensuring that responsible manufacturers can operate within a predictable and stable marketplace, and we are committed to providing significant feedback to Congressman Griffith to strengthen this legislation to benefit all responsible members of industry, including farmers, and maximize the likelihood of its enactment.”
Herbal tinctures: Protecting access in New Hampshire
AHPA announced coalition to address actions impacting access to alcohol-based herbal tinctures and liquid extracts in New Hampshire. The issue: Alcohol-based herbal tinctures and liquid extracts have been removed from New Hampshire retail shelves due to a lack of clarity under state law.
AHPA reported: “Due to a lack of clarity in state law, representatives of the New Hampshire Liquor Commission (NHLC) have demanded removal of these products from the shelves of numerous New Hampshire retailers.” AHPA has developed and proposed specific legislative language that distinguishes herbal tinctures and liquid extracts marketed as dietary supplements from NHLC-regulated liquor, noting that the legislative solution would align New Hampshire’s regulatory practice with established federal dietary supplement regulations and the practices of other states. AHPA invited all concerned parties, including industry stakeholders to consumers, to join the ongoing outreach campaign by contacting New Hampshire State Senator Tara Reardon, who is leading the legislative effort, directly to express concerns and share support for AHPA’s legislative amendment.
“We extend our gratitude to Senator Reardon and the New Hampshire Liquor Commission for their ongoing engagement as all parties work toward a timely, mutually satisfactory solution that protects and supports consumers and businesses in New Hampshire,” said Rigby, a proud resident of New Hampshire. “In addition, we are deeply thankful to our AHPA members and the wider herbal community for the passionate grassroots support we have already seen.”
Homeopathy: Restoring legal clarity
ANH-USA spread the word about H.R. 7050, a newly introduced bill in Congress that “would rein in FDA overreach, restore legal clarity for homeopathic medicines, and protect Americans’ right to choose safe, natural healthcare options.” The bill would formally recognize homeopathic medicines as a distinct category under federal law, reversing the FDA’s 2022 guidance that effectively labeled them “unapproved new drugs.” It also would create a clear regulatory framework without imposing pharmaceutical-style requirements. And by restoring legal certainty, the legislation would protect patient access, preserve innovation, and prevents the quiet elimination of homeopathic products from the marketplace, ANH-USA said. ANH-USA issued a call to action to help protect homeopathy. Get details here.
