A sad day for consumer choice: New York Governor Hochul signs restrictive supplement bill into law

According to reports, the A.5610/S.5823 law is likely to take effect in April next year.

Gov. Huchel vetoed a similar bill last December, citing concerns that the state Department of Health, which is tasked with determining which products are covered by the bill, lacks the expertise to analyze the ingredients used in countless products. That is traditionally the case. Played by the FDA.

The 2023 bill defines dietary supplements for weight loss or muscle building as: products labeled, marketed, or otherwise represented to achieve weight loss and muscle building, but includes protein powders, protein drinks, and foods purported to contain protein. They are not marketed, unless those products contain a substance other than protein that alone can be a dietary supplement for weight loss and building muscle.

According to the text of the bill, examples of these substances include creatine, green tea extract, raspberry ketone, garcinia cambogia and green coffee bean extract.

Daniel Fabricant, Ph.D., president and CEO of the Natural Products Association (NPA), told NutraIngredients-USA that Governor Hochuls’ decision to ban access to safe and reliable dietary supplements such as amino acids, creatine and other essential nutrients is fundamentally flawed. And it only hurts consumers. .

FDA data shows that there is no link between the use of dietary supplements and ignoring the science is a dangerous mistake. The NPA will use all available levers, including the courts, to correct this mistake.