Litigation Asserts New York’s Dietary Supplement Prohibition is Unconstitutional

Litigation Asserts New York’s Dietary Supplement Prohibition is Unconstitutional

Washington- Today, the Natural Products Association filed a complaint in the U.S. District Court for the Eastern District of New York asserting the recently enacted New York law prohibiting and restricting dietary supplements is unconstitutional.

The law minimizes public access to dietary supplements and, in certain situations, requires a prescription to access these products. Failure to comply with this law would result in fines for each infraction.

“Governor Hochul’s decision to flip-flop and cave to anti-supplement charlatans is evidence she cares more about politics than New Yorkers ability to stay healthy,” said Daniel Fabricant, Ph.D. president and CEO of the NPA. “Not only is this unconstitutional, but this prohibition is a bad policy threatening the ability of nearly 80% of Americans to access wellness products they’ve relied on for their health routines. It also violates the U.S. Constitution because it hands the state’s executive branch unfettered discretion to restrict access to dietary supplements and relies on an absurd enforcement mechanism to enforce compliance. We believe the court will recognize the serious concerns raised and declare it unconstitutional.”

Additional Information:

The prohibition and restriction of dietary supplements should be declared unconstitutional because of the following violations:

  • The Federal Food, Drug, and Cosmetic Act (FFDCA) preempts enforcement of the Act.
  • The Act’s definitions conflict with the definitions found in the FFDCA.
  • The Act, in combination with other provisions in New York’s General Business Law, improperly allows for private causes of action, which are exclusively in the purview of the FDA.
  • The provisions of the Act that conflict with the FFDCA or are left undefined will inevitably lead to improper, arbitrary, and capricious application of the law.

The complaint seeks the following relief:

  • Declare that the Act either is unconstitutional or is preempted by the Food Drug and Cosmetic Act
  • Declare the Act is unconstitutional because it discriminates against interstate commerce.
  • An injunctive order restraining the Attorney General’s Office from enforcing the Act.

The full complaint can be found here.