NJ State Assembly passes bill to prohibit certain supplement sales to minors

Bill A.1848​ defines a weight loss or muscle building supplement as a “class of dietary supplements that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, but shall not include protein powders, protein drinks and foods marketed as containing protein unless the protein powder, protein drink, or food marketed as containing protein contains an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss or muscle building.”

This would include products formulated with creatine, green tea extract, raspberry ketone, Garcinia cambogia​ and/ or green coffee bean extract and relates to products that are marketed to “modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized  … or maintain or increase muscle or strength”.

The bill, which mandates retailer-imposed age restrictions, advanced with 56 votes in favor, 17 against and four abstentions. However, there is currently no accompanying bill in the state’s Senate.

“That may change, and we have to stay vigilant, but the New Jersey Senate doesn’t have a lot of time left and not many legislative dates scheduled,”  said Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA).

The bill is essentially the same as the one that passed in neighboring New York last year​, and Dr. Fabricant noted that it is unfortunate that so many people are “talking about everything other than this.”

“This bill, and others like it, are an existential threat to our industry,” he said. “The cards, letters and emails should be going off the charts. These bills are a real threat.”

Robert Marriott, Director of Regulatory Affairs for the American Herbal Products Association (AHPA), commented: "AHPA has expressed our general opposition to A1848 as an inappropriate and unjustified category-specific restriction on the trade of dietary supplements, and will continue to express this opposition in the Senate. We have met with Chairman Conaway and shared our opposition, along with feedback on some of the bill's problems. AHPA continues to host regular meetings of aligned industry to coordinate our opposition to such age bills wherever they appear."

Economic impact​

According to an analysis by the Council for Responsible Nutrition (CRN), New Jersey's dietary supplement industry accounts for over $18.4 billion in total economic impact, over 16,000 direct jobs, and $2.7 billion in tax revenue. 

Earlier this week, CRN's president and CEO Steve Mister wrote to all members of the New Jersey General Assembly expressing the association's concerns with the bill and requesting that they withhold passage. 

"Assembly Bill 1484 would have far-reaching effects on the economy of New Jersey by placing new economic and compliance burdens on retail establishments. If enacted, businesses across the State would be penalized and punished for selling legal products regulated by the U.S. Food and Drug Administration. To comply, stores and online retailers, will be tasked with age verifying purchases for a broad and vague description of products under threat of penalization. This would indirectly limit access for all consumers and make it more difficult for customers to evaluate different supplements and determine which product might be right for them. Finally, the bill places an unattainable enforcement authority on the State to inspect thousands of retailers resulting in a large financial cost to taxpayers," stated the letter. 

Eating disorders​

Sponsors of the bill assert that weight loss and muscle building supplements cause eating disorders, but opponents of the bill argue it lacks scientific backing. Last year the journal Nutrients​ published a review of scientific literature​ funded by CRN examining eating disorders and dietary supplements, which concluded: “The evidence to date does not support a causative role for dietary supplements in eating disorders. The use of dietary supplements for weight management in both male and female teens appears to be declining, and the objective of weight loss is not observed as a common motivation for the use of dietary supplements among this age group.”

Similar bills asserting the same link between these products and adolescent eating disorders have been introduced in other states in recent years. In August, NPA, along with AHPA and the United Natural Products Alliance (UNPA) expressed joint opposition to controversial legislation in California​ that also aimed to restrict dietary supplement sales to minors. The bill failed to pass Senate appropriations, a result hailed by the dietary supplements industry.

Over the last 10 years, similar proposals have been defeated in Colorado, Illinois, Massachusetts, Maryland, Missouri and Rhode Island.