As 2024 winds down, and we look forward to the coming year, it’s a good time to take stock of an industry in flux. From state legislation and federal regulatory shifts to supply chain disruptions and market pressures, our industry has faced a long list of challenges.
Despite these obstacles, the dedication of manufacturers, retailers, and trade groups—including the American Herbal Products Association (AHPA)—has upheld our industry’s commitment to supporting the personal health and well-being of consumers.
State restrictions: a looming threat
One of the most significant themes of the past year has been the proliferation of state-level bills proposing to restrict access to dietary supplements. The enactment of New York Assembly Bill 5610 in April marked a turning point, setting age restrictions and delivery requirements for weight loss and muscle-building dietary supplements that companies are still struggling to adapt to.
While framed (without evidence) as a measure to protect minors from eating disorders, the vague scope of the law has raised concerns across the dietary supplement community. Though as of yet we have not seen any enforcement, and litigation regarding the enforceability of the law remains pending, the potential for completely unrelated products to be restricted—based on criteria such as proximity in retail settings or statements by third parties—has created a cloud of uncertainty.
Legislators in other states, including California, Maryland and Massachusetts, have introduced similar bills, with varying levels of success, raising the prospect of a national patchwork of inconsistent laws regarding the retail sale of these categories of products. It is vital for stakeholders to express unified opposition to such ill-considered legislation.
Even when we act individually, joint statements and a unified overall position give our individual communications greater credibility when engaging with regulators and lawmakers on the details of these proposals.
For our part, AHPA’s Dietary Supplement Access Coalition —which includes both member and nonmember retailers, manufacturers and representatives of the other trade associations—has been meeting regularly to keep all parties appraised of this evolving situation.
Federal developments and opportunities
At the federal level, the U.S. Food and Drug Administration (FDA) has undergone transformative changes, including the October launch of its Unified Human Foods Program. This reorganization promises to break down silos and unify inspectional oversight, but it has also amplified debate over FDA’s authorities over dietary supplements.
While a mandatory product listing requirement for dietary supplements has been at the forefront of industry debate for years, a lesser-known request from FDA to create a new “prohibited act” under section 301 of the Federal Food, Drug and Cosmetic Act (FDCA) merits greater attention.
AHPA believes that the addition of such a new prohibited act, with some key adjustments, represents a potential path forward for both a divided industry and an agency looking to address drug-spiked products that masquerade as dietary supplements, such as sildenafil-spiked capsules and so-called “gas station heroin.”
A new prohibited act is just one of many options for modernizing federal regulation of dietary supplements that may come in the second Donald Trump administration. AHPA is in communication with officials at multiple levels to continue our mission to ensure access to safe, high-quality dietary supplements, both through the preservation of effective regulatory systems and the tweaking of laws needing updating.
Navigating Amazon
E-commerce has revolutionized the way dietary supplements reach consumers, but platforms like Amazon are also setting new standards. In 2024, Amazon’s policy updates required third-party testing for certain categories of dietary supplements, including weight management and sports nutrition products.
While these measures aim to bolster confidence in products on the platform and protect consumers, they have created additional costs, delays and uncertainties for covered companies—and Amazon has stated it plans to expand this testing program to all dietary supplements in time.
On behalf of members and the wider industry, AHPA has established a direct relationship with Amazon staff managing its dietary supplement policies. In monthly meetings with Amazon, AHPA serves as a conduit for questions, member feedback and proposed improvements to the testing policy and other rules governing sales of dietary supplements on the platform. Member concerns and questions are regularly collected, and AHPA representatives provide them directly to their Amazon colleagues at these meetings (if not more frequently), and we are glad to say that the response has been generally receptive.
Supply chain pains
With climate change, geopolitical instability and economic volatility converging to lower the availability and raise the cost of botanical ingredients globally, supply chain challenges have emerged in recent years. International sourcing faces added pressure, especially as the possibility of global tariff increases looms.
Domestically, Hurricane Helene’s destruction in the Southeast damaged millions of acres of crops, including wild and cultivated herbs, with potential long-term impacts on the availability of local botanical ingredients.
In response, AHPA remains committed to supporting its members by addressing these issues collaboratively. Through events such as AHPA’s Botanical Congress, members and experts have opportunities to share insights and explore solutions for navigating these complex challenges.
By fostering collaboration, developing resources and engaging with policymakers, AHPA aims to help the industry mitigate supply chain disruptions and mitigate potential cost increases.
Looking ahead
The challenges of 2024 have pushed our industry to its limits, but they have also demonstrated our shared resilience and capacity to adapt to change. By sharing information freely, building new connections with stakeholders and keeping the needs of suppliers and consumers in mind, we have laid a solid foundation for the future. With new opportunities on the horizon, including those presented by the incoming administration, we can emerge from this period of change stronger and better equipped to support every member of our natural products community.
