WASHINGTON — The Council for Responsible Nutrition said it will continue its constitutional challenge to New York’s under-18 supplement sales restrictions after the U.S. Court of Appeals for the Second Circuit declined to grant a preliminary injunction, leaving the law in effect during the legal process.
CRN emphasized that the ruling does not address the merits of its First Amendment claims, which argue the law unlawfully targets truthful, lawful marketing by restricting sales of supplements labeled or promoted for weight loss or muscle building. The association maintains that the statute regulates speech rather than safety by using marketing as a proxy for potential harm, despite a lack of evidence linking dietary supplements to eating disorders or body dysmorphia.
In its response, CRN reiterated that the case remains ongoing and emphasized its confidence in the strength of its constitutional arguments. The group referenced a 2022 review published in Nutrients, which found no causal link between supplement use and disordered eating behaviors, and warned that policies based on unfounded assumptions could undermine legitimate health and wellness practices.
New York’s law, enacted in 2023 and effective since April 2024, was the first in the nation to restrict minors’ access to supplements marketed for weight loss and muscle building. Similar proposals are moving forward in other states, prompting CRN to raise broader concerns about regulatory overreach and the erosion of commercial free speech rights as it continues its legal battle.
