Supplement Makers’ Challenge to NY Weight Loss Regulation Fails

The Council for Responsible Nutrition, a trade group representing the dietary supplement industry, failed to convince a federal appeals court Thursday to stop a New York regulation prohibiting the marketing of weight loss supplements to minors.

The US Court of Appeals for the Second Circuit rejected CRN’s argument that the regulation violated its First Amendment rights by limiting dietary supplement sales based on the group members’ speech. The appeals court affirmed the lower court’s denial of CRN’s preliminary injunction.

In 2023, the New York State Legislature enacted a provision of the state’s General Business Law that banned the sale of ...