AHPA reviews challenges facing dietary supplement industry

The imminent reorganization of the U.S. Food and Drug Administration (FDA) to create a unified Human Foods Program will have an unprecedented impact on the federal regulation of dietary supplements. But as has remained the case since the Dietary Supplement Health and Education Act’s enactment almost 30 years ago, the growth and sustainability of the dietary supplement industry are also subject to forces beyond the federal government. In state houses from coast to coast, on the world’s largest e-commerce platform, and along every link of the botanical supply chain, dietary supplements continue to face new and growing threats that are shaping the future of our industry.

State age restriction bills

Effective since April, a new law in New York imposes age restrictions and stringent delivery requirements on weight loss and muscle-building supplements. This legislation — lobbied as a way to protect minors from eating disorders — has such vague terms that it can potentially apply to dietary supplements that are simply displayed in the same area of a retail store as products targeted by the law. Though the American Herbal Products Association (AHPA) has not yet identified any enforcement activity under this age restriction law, it is only the first to be enacted, and a wave of similar bills continue to be introduced across the country.

In California, an age restriction bill that was vetoed by the governor in a previous session stalled in the Senate Appropriations Committee after passing the assembly. In New Jersey, a twice-carried over age restriction bill has been referred to the Assembly Health Committee. Similar legislation has been introduced in Maryland, Massachusetts and elsewhere. While concerted efforts have blocked many of these bills for now, the New York law presages a national patchwork of inconsistent restriction laws that not only will create compliance headaches but will directly harm the reputation of the entire dietary supplement community.

Amazon policy updates

Moving from the states to cyberspace, the world’s largest online retailer (and perhaps its most powerful regulator) flexed its muscles earlier this year with a sudden, major update to its dietary supplement policy. Also effective since April, Amazon’s new policy mandating third-party product verification applies to sexual enhancement, weight management and sports nutrition/bodybuilding dietary supplements. These products now must be independently tested to be sold on the platform. This verification must come from one of just three approved testing, inspection and certification organizations: Eurofins, UL Solutions and NSF International.

Though Amazon’s policy billed the update as an effort to increase the safety and quality of dietary supplements sold on the platform, the industry rush to comply has sent waves through the marketplace. Already, AHPA has received reports of uncertainty, confusion and significant shifts in the availability of product testing, impacting brands of all sizes as well as independent and in-house laboratories. This is only the beginning: Amazon intends to eventually apply this requirement to all dietary supplements.

Supply chain challenges

Finally, a look at the global supply chain — a source of concern for the economy at large since the early days of the Covid-19 pandemic — reveals a set of complex challenges facing botanicals in particular. Severe weather and adverse environmental conditions brought on by climate change have impacted crop yields and the transportation of goods.

Political instability and economic volatility continue to add layers of unpredictability to the supply chain. Organic reporting requirements limit foreign organic commodity flows; heavy tariffs on Chinese imports, originally implemented in 2019, have also exacerbated the cost and availability of botanical ingredients (with the threat of even higher costs to come, dependent on the result of this fall’s elections). Taken together, the supply and the cost of high-quality botanical ingredients face especially severe pressures, resulting in increased costs for consumers already feeling the effects of inflation.

Collaboration is key

Across states, stores and supply chains, our community faces challenges from seemingly every direction, even before FDA formally begins its grand reorganization. The need for industry-wide collaboration and strategic planning to address these threats seems clear, and AHPA has committed to doing so by fully engaging our strong ties across the dietary supplement community and channeling them into our connections with federal agencies, lawmakers and stakeholders like Amazon.

As part of our work to develop solutions and keep the dietary supplement community informed, AHPA will host its virtual Regulatory Congress on Sept. 10, where attendees can directly engage with experts from AHPA, Amazon and industry as they address the issues impacting dietary supplements. By uniting and adopting proactive measures, the dietary supplement industry can continue to innovate and grow, ensuring the safety and quality of its products while meeting evolving regulatory and consumer demands.