Could ‘vague & draconian’ NY State supplements ban extend beyond weight loss & body building?

Bill S16D passed the NY State Senate​ with a majority vote on Thursday, March 10 and now heads to the desk of Governor Kathy Hochul. (The accompanying bill in the NY State Assembly is A431C​.)

“Since the legislature is in session, the Governor has 10 days to sign or veto the bill,” ​explained Kyle Turk, director of government affairs for the Natural Products Association (NPA), which has strongly opposed the bill. “However, the Governor’s failure to sign or veto a bill within the 10-day period means that it becomes law automatically.

“We hope the Governor will listen to the thousands of health and wellness advocates who’ve written letters to her and the NY legislature urging opposition to this legislation.”

Turk added that the bill is two things, “vague and draconian.”

He continued: “At a time when we are facing an obesity epidemic and are coming out of the COVID pandemic, lawmakers shouldn’t be discouraging consumers from taking products that promote health and wellness.”

The devil is in the detail, but…

The bill defines “dietary supplements for weight loss or muscle building”​ as products that may include thermogens (substances that produce heat in the body and promote calorie burning), lipotropics (compounds that help break down fat during body metabolism), hormones (including hormone modulators and hormone mimetics), and appetite suppressants. It restricts the sale of these products to minors and dictates that the products be in limited access displays.

However, the bill excludes “protein powders, protein drinks and foods marketed as containing protein unless the [product] contains an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss or muscle building.”

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