Washington, D.C.—Following the November 2022 notification by the Food and Drug Administration (FDA) that beta-nicotinamide mononucleotide (NMN) is not a legal dietary ingredient, Amazon’s Restricted Products Team emailed sellers in February that products containing NMN would be banned after March 13, 2023. In response, the Natural Products Association (NPA) called on e-commerce retailers to continue selling products containing NMN. NPA offered perspective on the issue, noting that Whole Foods continued to sell NAC when Amazon removed NAC from their marketplace. 

NPA also has requested that the FDA initiate a typical dietary supplement public comment period on the ingredient where stakeholders would have the opportunity to submit relevant safety data to the agency. NPA reported that the agency rejected the request without explanation. 

FDA "misinterpretation of the law"

“This latest example of the FDA misinterpretation of the law is wreaking havoc on the marketplace and causing confusion and significant economic harm,” said Daniel Fabricant, Ph.D., NPA President and CEO, in a press release. “This the first time in history that FDA reversed itself on an acknowledgement letter for a new dietary ingredient without a shred of evidence that safety was at risk. It is setting a new precedent in that an announcement of Generally Recognized as Safe no longer constitutes evidence of the marketing of NMN as a food before the ingredient was authorized for investigation as a new drug.” 

Stressing the impact on the natural products industry, Dr. Fabricant stated, "FDA’s growing and repeated abuse of the law is sending shock waves across the dietary supplement industry. If the FDA can change decisions overnight by repealing an acknowledgement letter without foundation, what’s to stop them again? If the agency can exclude NAC from the definition of a dietary supplement despite the science, what’s to stop them from doing it to a different ingredient? If the agency can lobby for unneeded new authorities like a mandatory product listing while ignoring a regulatory path for CBD which is available on every street corner in America, who will stop them? This is inexcusable and downright shameful, and NPA will use every available resource to ensure the agency is again accountable to consumers and the industry.” 

Fly-in day: Opp to discuss NMN with members of Congress

NPA is hosting its annual federal government advocacy fly-in day non June 7, 2023. (Interested parties can reserve a spot and make hotel reservations here). The event is a gathering point for industry representatives to meet with members of Congress, and NMN will be on the agenda.

“We have a brand new Congress with new leadership, new chairpersons, and new members in key committees, and we are competing with our critics for their attention," said Daniel Fabricant, Ph.D., NPA President and CEO, in a press release. "As they say in Washington, you're on the menu if you’re not at the table. Engagement matters; Over the last year, we’ve seen firsthand the damage that scientifically baseless proposals could have on the natural products industry, and those proposals have come very close to happening. This year’s fly-in day will present attendees with the opportunity to talk about the industry's most pressing issues, including the drug exclusion clause, reshoring, NMN, and CBD.  If you’re passionate about ensuring consumers have access to products that will improve their health and ensuring the industry has clear and fair rules to deliver these products, this event is for you.” Learn more here.