On Dec. 5, the Natural Productions Association (NPA) filed a complaint in the U.S. District Court for the Eastern District of New York, asserting the recent supplements ban in New York is unconstitutional.
The law bans the sale of supplements to anyone under 18 years of age and in certain situations may require a prescription to access the products. Failure to comply could result in fines for each infraction.
“Governor [Kathy] 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, PhD, president and CEO of the NPA. “Not only is this unconstitutional, but this prohibition is a bad policy threatening the ability of nearly 80 percent 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.”
The NPA argues the law is unconstitutional because it conflicts with the definitions found in the Federal Food, Drug and Cosmetic Act (FFDCA), other provisions in New York’s General Business Law and that many of the provisions are “improper, arbitrary and capricious.”
To read the full complaint, visit this link.
