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New York Federal Court Says CRN Can Sue Over Supplements Ban

by Eric Munson | April 23, 2024

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Sports Nutrition

A federal judge in New York State announced the Council for Responsible Nutrition (CRN) has standing to sue on behalf of its members. CRN filed a lawsuit against New York on Mar. 13. The law prohibits the sale of certain dietary supplements “labeled, marketed, or otherwise represented” for weight loss or muscle building to individuals under the age of 18.

“The law will do nothing to protect young consumers from eating disorders, but infringes on the constitutional rights of consumers, retailers, and marketers of legal supplements because it is so vague and subjective as to allow truthful, lawful claims for dietary supplements to be infringed,” the association said in a statement.

A motion for a primary injunction that would have delayed the law’s passage was denied on Friday, Apr. 19. The law passed in 2023 and went into effect on Apr. 22, 2024. CRN said its request for a permanent injunction remains before the court and the association will file a motion for clarification regarding the points raised by the judge.

“The announcement that we have standing is significant because it means that only CRN is positioned right now to go before the court on behalf of industry and argue the merits of what we believe is a strong case,” said CRN President and CEO Steve Mister. “As for the preliminary injunction, we knew that asking for such extraordinary relief was a longshot, although we respectfully disagree with the court. We will continue to pursue all available legal avenues to challenge this law and continue to believe it unfairly restricts consumer access to legitimate, beneficial health products and infringes upon the rights of businesses to engage in lawful commerce.”

For more information, visit CRN’s website.

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