Council for Responsible Nutrition Seeks to Enjoin Enforcement of New York Law Restricting the Sale of Dietary Supplements for Weight Loss or Muscle Building

2 min

As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law is to go into effect on April 22, 2024. However, two trade associations, the Council for Responsible Nutrition (CRN) and the Natural Products Association (NPA), are challenging the new state law. CRN filed its lawsuit in the Southern District of New York in March, and NPA filed its lawsuit in New York's Eastern District in December.

CRN doubled down on its challenge on April 3, seeking a temporary restraining order (TRO) and a preliminary injunction. The court denied CRN's request for a TRO, and a telephone conference is scheduled for today on CRN's request for a preliminary injunction. If the court agrees to grant a preliminary injunction, the New York attorney general's office will not be able to enforce the law until the case is resolved.

The case is important because it may impact other, similar legislation. Other states have expressed an interest in similar restrictions, such as California (AB-82) and Massachusetts (S.1465).

You can expect to hear from us as this matter unfolds.

Did you know: The "New Dietary Ingredient Notification Master Files for Dietary Supplements" draft guidance has been published. See our blog here.

In case you missed it: Venable partners Claudia A. Lewis, Shahin O. Rothermel, and Ari N. Rothman presented "Why Can They Say That but I Can't? How to Challenge Your Competitors' Advertising While Avoiding Being Targeted" last Thursday, April 4.

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