On June 1, the New York State Assembly passed Bill 5610-D, which it describes as relating to "establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building." The bill, which now passes to the Senate as S5823C, will restrict sales of weight management and sports nutrition supplements to individuals under the age of 18. If the bill passes in the Senate, it will then go to Gov. Kathy Hochul to be signed into law.

In response, the Council for Responsible Nutrition (CRN) stated,  "CRN is dismayed by the uncritical review given to AB 5610-D by the New York Assembly. The legislation is a scientifically unsubstantiated response to legitimate concerns about increasing eating disorders and body dysmorphia among young people, but it completely misses the mark by wrongly targeting dietary supplements as a cause of disordered eating. These products may make a convenient scapegoat, but this legislation does nothing to address the underlying causes of these mental health issues."

Furthermore, it noted that "In December of 2022, Governor Kathy Hochul vetoed similar legislation from the last legislative session. Her office recognized that state health departments are hardly equipped to become a substitute for federal regulation overseen by FDA, and that age restrictions on these products mean limits on access for all consumers. Throughout the lengthy legislative process, CRN engaged with legislators and the Governor, voicing concerns about the overly broad net cast by that bill and the restrictions on safe and beneficial products sold by local retailers, limiting access for everyone, not just young people."

If the current bill is passed, according to CRN, it "will make it harder to purchase safe and beneficial dietary supplements and functional food products, like simple protein shakes and sports bars. It will also pose a significant challenge to both retailers and enforcement authorities within the State of New York. Additionally, the bill has no provision aimed at actually addressing the mental health concerns of the state’s adolescent population who are affected by eating disorders."

“Childhood obesity affects [one in five] children in this country, yet we don’t kid ourselves into thinking that age-restricting junk food and sodas would put an end to that epidemic,” said CRN President and CEO Steve Mister. “We hope the Governor will again recognize that body dysmorphia, eating disorders and other mental health issues are complex problems that are not solved by the distraction of ‘quick-fix’ tactics like this, which only offer sufferers and their families false hope. We will continue to advocate for more scientifically based solutions that get at the root cause of youth eating disorders, while ensuring that families have the ability to purchase the trusted products that support healthy lifestyles.”

The Natural Products Association (NPA) also commented, stating that “Unfortunately, the NY state assembly and senate has once again chosen to ignore the facts in this matter and wrongfully implicate supplements. As we have been pointing out for years in testimony, testimony that led to a similar bill being vetoed prior by the governor, there is no data point, no adverse events at FDA that provide any associational link of dietary supplements to eating disorders. After getting the last bill vetoed, now these lawmakers have doubled down in an even worse manner by unscientifically targeting ingredients like creatine, one of the most well studied and researched chemicals on the planet, to limit all New Yorkers choices when it comes to self-care with natural products."

The statement continued, "Watching governments go from “trust the science” to completely ignoring the science is why people have lost faith in those institutions. People want a say in maintaining their health and wellness. This is not over, similar to the last bill that passed to restrict supplements, we still have a window, albeit a smaller one to have our voices heard. We urge all in New York who are in the industry, or have it as an integral part of their self-care regimen to go to www.npanational.org and click take action and tell the assembly and the governor’s office that creatine isn’t a crime and to respect our choices when it comes to staying healthy.”

For more information, visit www.nysenate.gov.