California's Senate Appropriations Committee failed to advance AB 82 to the main Senate floor for a vote, effectively ending the bill’s passage.
AB 82 was introduced in December 2022, just a couple of months after a similar bill was vetoed by California Governor Gavin Newsom, who said the work required by the California Department of Public Health (CDPH) to establish a list of dietary supplements that would be subject to the bill is beyond the scope of the department's capabilities.
The new bill contained the same language and again put the onus on the State Department of Public Health to determine which dietary supplements for weight loss and over-the-counter diet pills would be subject to these restrictions. (Unlike similar bills in other states—most notably New York, where Governor Kathy Hochul signed a bill into law in October 2023—AB 82 did not include muscle building supplements, such as creatine.)
AB 82 has now failed to progress as far as its predecessor, being “held in committee” by the Californian Senate Appropriations.
'A solid win for industry'
The result was hailed as a win by industry trade groups with Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), telling NutraIngredients-USA: “For the second state legislative session in a row, the Natural Products Association was able to secure a solid win for our industry. Through our hard work AB82 was rejected, allowing Californians continue accessing health and wellness products.
If you're a company in the dietary supplement space, you can't afford to sit on the sidelines any longer. Working hand and hand with organizations like ours to advocate and educate is a great first step."
Robert Marriott, JD, director of regulatory affairs for the American Herbal Products Association (AHPA), said his association is gratified that AB 82 did not move from the California Senate Appropriations Committee in its final hearing of the session.
"AHPA, UNPA and NPA had expressed joint opposition to this legislation, which shared many problems of design and effect with its predecessor, AB 1341," he said. "AHPA will continue to work in a coalition of the full dietary supplements community to monitor and respond to inappropriate restrictions on lawful, safe dietary supplements."
Commenting on the decision, Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN) called AB 82's failure to advance further this legislative session a win for consumers in California.
"The Council for Responsible Nutrition (CRN) has raised significant concerns with this bill and will continue to do the same with regard to any other similar legislation that attempts to impose age restrictions on dietary supplements," he shared in a statement. "Such restrictions, also proposed in several other states, are unnecessary given the strong safety profile of these federally regulated products and the lack of scientific data connecting them to eating disorders in young people. Limiting access based on age also harms local retailers and reduces access to these products for everyone."
