WASHINGTON — The Council for Responsible Nutrition (CRN) has asked the U.S. Court of Appeals for the Second Circuit to rehear its challenge to New York’s new law restricting minors’ access to certain dietary supplements, arguing that the panel’s recent decision undermines long-standing constitutional safeguards for truthful commercial speech.
In a statement, the trade group said the law limits access to supplements “based solely on how products are marketed, not on whether they contain any harmful ingredients,” and urged the full court to review what it views as significant legal errors.
“We believe the Constitution requires the state to show real evidence that such a speech-based restriction actually protects public health—and that less restrictive, non–speech-based alternatives were carefully considered,” CRN said.
The association maintains that the law, which ties sales restrictions to product marketing rather than safety concerns, imposes an unjustified burden on retailers and manufacturers. CRN is asking the full Second Circuit to correct the panel’s decision and grant a preliminary injunction to prevent the law from taking effect while litigation continues.
“Our filing simply asks the full court to take another look at the case, correct these legal errors, and allow a preliminary injunction so the law does not take effect while the litigation continues,” the group said.
