On May 14, a federal court in the Southern District of New York denied the state’s motion to dismiss the Council for Responsible Nutrition (CRN)’s claims the new age-restriction law violates the First Amendment.

The law, which was signed in October 2023, prohibits retailers from selling certain dietary supplement to individuals under 18 years old. CRN previously filed a lawsuit March 2024 questioning the “constitutionality” of the law. CRN argues the statue infringes on First Amendment rights by restricting “truthful commercial speech” and “access to lawful products without clear scientific justification.”

The latest ruling allows CRN to argue on the merits that the law infringes on the right to make truthful and lawful claims for weight management and muscle building supplements. A judge previously ruled CRN has standing to sue on behalf of its members.

“In holding that CRN’s claims made plausible the inference that the statute ‘might very well regulate protected speech,’ this decision allows us to move forward on the merits of the case,” said Steve Mister, president and CEO of CRN. “The judge has already recognized that CRN has standing to pursue these claims on behalf of our members.”

CRN also argues the age restrictions are invalid because of “vagueness,” they are an “excessive” use of New York’s police powers and are preempted by federal regulations of dietary supplements and labeling claims.

“Like the supporters of this law, CRN’s member companies take the rise in eating disorders among young people seriously,” Mister said. “However, this law is an example of misguided regulation that will harm both the industry and consumers. Our lawsuit seeks to enjoin the enforcement of the law and protect the rights of our members to communicate truthful information about their products.”

For more information, visit www.crnusa.org.