Congressman Nick Langworthy (R-NY) introduced a bill known as the Dietary Supplement Regulatory Uniformity Act, which would establish that only the federal government can impose regulatory requirements for dietary supplements.

In the past few years, several state bills, including a law passed in New York, have been introduced to impose age restrictions on dietary supplements marketed for weight loss or muscle building, adding rules beyond those enforced by the U.S. Food and Drug Administration (FDA).

Additionally, recent legislation in Texas would have established additional labeling requirements for melatonin; while a California bill sought to impose expiration dating standards at odds with federal standards; and Massachusetts sought to restrict access to products such as protein, creatine, and amino acids.

These state-level mandates don’t improve public safety, but significantly increase costs for small businesses and limit consumer access to lawful products, Langworthy stated, by creating a patchwork of inconsistent rules that are in conflict with one another.

“This is regulation for regulation’s sake,” said Langworthy. “New York is notorious for baseless overregulation that burdens small businesses without making anyone safer or improving public health. When states ignore science and override FDA determinations, consumers are misled and local businesses pay the price.”

The new bill would clarify FDA’s preemption over state lawmakers, and prevent states from layering on requirements at odds with federal regulations. However, the bill would allow states to petition FDA “if a legitimate, evidence-based local concern exists.”

“At its core, this bill is about protecting consumer health and common sense,” Langworthy added. “If a product is safe under federal law, it shouldn’t be treated as dangerous in New York and lawful just across the border. We can safeguard public health without crushing small businesses and that’s exactly what this legislation does.”

Additionally, states would still be allowed to enforce identical state versions of federal requirements to enhance oversight with their own localized enforcement resources.

Resounding Industry Support

Several trade associations representing the dietary supplements industry, including the Consumer Healthcare Products Association (CHPA), Natural Products Association (NPA), American Herbal Products Association (AHPA), and the Council for Responsible Nutrition (CRN) lauded the bill.

“This legislation secures a single, science-based national standard for dietary supplements, providing the clarity, consistency, and consumer confidence Americans deserve,” said Scott Melville, president and CEO of CHPA. “For more than 30 years, the nation has relied on a federal framework to regulate dietary supplements, and we thank Congressman Langworthy for his leadership in reinforcing that foundation as policymakers and industry pursue thoughtful modernization. At a time when a patchwork of state-level regulations threatens to create confusion, raise costs, and limit consumer access to safe, beneficial products, this bill maintains a unified national approach while preserving limited flexibility for states when truly necessary.”

“Americans benefit when dietary supplements are regulated under one clear, national standard grounded in science,” said Steve Mister, president and CEO of CRN. “This legislation protects consumers from confusing and alarmist state-level restrictions and requirements while ensuring responsible companies can continue to innovate and provide safe, high-quality products nationwide. Strong federal oversight and uniform enforcement are essential to maintaining consumer confidence and ensuring a level playing field for responsible businesses. CRN commends lawmakers for taking action to keep dietary supplement policy grounded in science, not sensationalism.”

“The introduction of Congressman Langworthy’s bill is a decisive and long-overdue answer to state overreach, which has become a defining threat to consumers and the future of the dietary supplement industry,” said Daniel Fabricant, PhD, president and CEO of NPA. “Restoring federal primacy is the only way to ensure a stable, science-based regulatory environment that protects innovation, preserves consumer access, and prevents a costly, unworkable patchwork of state laws. American consumers of dietary supplements deserve clear and consistent national standards that are administered and enforced by the U.S. Food and Drug Administration. We urge industry leaders, retailers, and stakeholders across the supply chain to join us in supporting this essential legislation. We look forward to working with Congressman Langworthy to advance this bill in the 119th Congress … This bill is about protecting the rights of consumers to access safe products like creatine and branch chain amino acids and the rights of established, reputable companies to sell them. Americans deserve uniform access to affordable supplements regardless of where they live. Companies deserve regulatory certainty so they can invest in quality, innovation, and compliance.”

“AHPA strongly supports this legislation to establish federal preemption, a move essential to protecting the free interstate commerce that defines our nation,” said Graham Rigby, president and CEO of AHPA. “An inconsistent patchwork of state regulations would create a highly restrictive environment that would stifle innovation, increase business compliance costs and complexity, and ultimately restrict consumer access. AHPA applauds Congressman Langworthy for introducing the Dietary Supplement Regulatory Uniformity Act, which would appropriately defer to the country’s robust national regulatory framework and help ensure that the millions of dietary supplements sold daily in the U.S. marketplace can reach Americans without needlessly burdensome state-level barriers.”