Several trade associations representing the dietary supplements industry recently testified in opposition to a Massachusetts House bill which would place age restriction on the sale of certain dietary supplements and “diet pills” that are marketed for muscle building or weight loss.
 
A recording of the full hearing, conducted yesterday, is available here.
 
The bill mirrors several other pieces of legislation introduced in other state senate and assembly floors. For years, organizations such as STRIPED (Strategic Initiative for the Prevention of Eating Disorders), have advocated with model pieces of legislation to prevent minors from accessing a broad group of dietary supplements if they’re marketed for either muscle gain or weight loss. Proponents argue that dietary supplements have a causative link to disordered eating behaviors, though the evidence they use is certainly controversial.
 
At the end of October, New York became the first state to sign a bill of this kind into law.  
 
“It’s disingenuous to claim there is a connection between eating disorders and the use of dietary supplements,” said Kyle Turk, the Natural Product Association (NPA)’s director of government affairs. “Sadly, in its current form, this legislation will prevent consumers from taking their health into their hands and restrict their ability to supplement their potentially nutrient-deficient diets, a fundamental lessor we learned during COVID-19.
 
“Supplements, which are easy to add to our daily diets, are often the first step many take toward greater nutritional awareness and healthy lifestyle choices.”
 
Michael Meirovitz, senior director of government relations at the at the Council for Responsible Nutrition (CRN), said that while the association sympathizes with those impacted by eating disorders, and with the intent of the bill, “this proposed legislation does nothing to help those who suffer with [eating disorders].”
 
“There is no credible scientific data that the products or ingredients identified in the legislation lead to, or cause, body dysmorphia, eating disorders, or mental health issues.”
 
Even for of-age consumers, Meirovitz noted, access would be limited. Retailers would be required to provide proof of age at checkout, and affected products would have to be placed behind a counter in a locked case, making it difficult for consumers to compare labels and determine which product is right for them.
 
Furthermore, the lack of specificity in the bill’s language, in which restrictions are placed on any “dietary supplement for weight loss or muscle-building,” is too vague for retailers to determine what’s covered. Further, the legislation is unenforceable online, and minors can just go to other states to purchase the restricted products, he noted.
 
“We remain hopeful that the committee will take a moment to look closely at the science in the submitted testimony and realize that this bill is trying to fix a complicated societal and medical issue with an oversimplified proposal,” said Steve Mister, president and CEO of CRN. “It conveniently scapegoats these products without providing meaningful solutions for young people who are affected by eating disorders.”