The New Jersey Legislature Assembly Health Committee has advanced bill A1848, a bill seeking to ban supplements from being sold to minors if marketed for muscle building. Dietary supplement industry trade association leaders delivered testimonies in opposition to the legislation in its current state, which is similar to bills introduced in several other state governments throughout the country.
 
The bill, sponsored by Assemblyman Herb Conaway, Jr., prohibits the sale of certain “diet pills and dietary supplements” to people under the age of 18, if they’re marketed for muscle building or weight loss, or if they contain active ingredients determined to be subject to a ban by the legislature. The bill stipulates that any person, including an employee of a retail establishment, could face a civil penalty of up to $750 if they sell a dietary supplement that falls under the purview of this law to a minor.
 
During his testimony, Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN), argued that while eating disorders are a serious mental health issue, there is no credible scientific data connecting dietary supplements to eating disorders in a causative way.
 
“Currently, there is no credible scientific data that the products identified in this bill lead to or cause body dysmorphia, eating disorders, or other mental health issues. None. Now let’s be clear there is no medical literature, despite what proponents of the bill will tell you, that demonstrates a causal relationship between the use of these products and the onset or exacerbation of eating disorders. They will talk about prospective associations that X exists when Y exists, but that does not mean that X causes Y or that Y causes X. There is simply no evidence that these products cause the problems, and so restricting these products will have no effect on solving the problem.”
 
Additionally, while the concern may stem from a “perceived misuse/abuse of such products,” it ultimately limits all consumers’ access to products which are safe, legal, and regulated, said Mister.
 
Mister made additional arguments similar to those made by CRN in the fight against New York’s age restriction law and bills introduced in California and other states. He argued that the bill: casts an overly broad net over thousands of safe and beneficial products; restricts products based on claims rather than on illegal ingredients or demonstrable harm;  fails to restrict online sales giving in-state retailers an uneven playing field; places burdens on both retailers and the State, which would have to inspect thousands of stores; and adds more responsibility to the Department of Health to determine which products would be enforced against.
 
“Once again, state legislators are ignoring science and common sense,” said Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA), who also testified against the bill in Trenton.
 
“Despite failing to identify a single dietary supplement that causes eating disorders, Assemblyman Conaway and his Trenton cronies failed their constituents by advancing legislation that cripples public health. Consumers deserve access to these products that support their overall health and wellness. Unfortunately, today in Trenton, the freedom of choice took a significant blow. We are urging all wellness advocates to email and call their New Jersey State representatives urging their opposition to A1848 when the bill comes before the entire state assembly.”
 
NPA has started a grassroots petition campaign online, urging New Jersey residents to oppose A1848.
 
In his testimony, Fabricant noted that, in the U.S. Food and Drug Administration’s adverse event reporting system, no adverse event involving dietary supplements eating disorders is on record.