On May 23, 2024, Claudia Lewis was quoted in NutraIngredients on news laws in New York that ban the sale of some dietary supplements to minors. According to NutraIngredients, the law has been in effect for a month, but there is still some debate over what products it will impact.
Lewis explained that the new law appears to apply for products that are, “objectively intended for weight loss or muscle-building.” She added, "The new law does not apply to protein products, for example, a protein powder or protein drink, unless they contain ingredients which would, considered alone, constitute a dietary supplement for weight loss or muscle building… In that instance, the protein product may be subject to the law. So companies should assess the product category, ingredients and claims."
She also spoke to compliance measures, sharing that many of her client’s are leverage third parties to verify buyers are adults. "They are also connecting with their various delivery vendors to implement procedures to confirm and have a record of age verification," Lewis said. "The procedures are not dissimilar to our clients that offer the online sale and delivery of alcohol."
The enforcement of the new law is front of mind for many professionals whose work will be impacted by it. Lewis stated that, “as with any new law, time will tell how New York intends to enforce the new law.” She discussed, “Will they approach companies and provide a chance to come into compliance or will the state conduct its own investigation and then take action accordingly? In the past, New York has conducted an investigation but provided companies with an opportunity to demonstrate compliance.”
Lewis also added that compliance will be “relatively easy to accomplish for brick-and-mortar stores” and “more complicated for e-commerce retailers.”
Click here to access the article.