Steve Mister, President & CEO, Council for Responsible Nutrition (CRN) Federal Hurdles, State-Level Restrictions, and New Challenges on the Horizon

by Steve Mister, President & CEO, CRN

To predict what’s in store for our industry in 2024, it’s a helpful exercise to quickly reflect on what happened over the last year. Understanding the challenges and changes we just faced obviously offers some insights as to where we are headed. 

As CRN turned 50, our annual Consumer Survey showed that 74% of U.S. adults reported taking dietary supplements, with 55% identifying as regular users, and 92% viewing these products as essential to maintaining their health. This data underscores the mainstream status of dietary supplements in American life, reflecting a deep-rooted place in the health and wellness routines of the majority of consumers. 

Meanwhile, on the regulatory front, arguably the biggest story was FDA's proposed restructuring of its Human Foods Program (HFP), and specifically the elimination of ODSP in favor of a “super office,” which lumped supplements in with food additives. CRN was openly critical of the proposal, in part because it seemed to signal an even greater lack of focus on dietary supplements by the agency. In 2024, we will continue to seek assurances that supplements get the robust attention at FDA that a $60 billion industry deserves. 

The agency also made “drug preclusion” – or as we like to call it “supplement exclusion” – a front-burner issue when it determined that NMN (beta-nicotinamide mononucleotide) was precluded from being sold in dietary supplements because it had been previously studied for drug use. This ruling led to Amazon's decision to ban dietary supplements containing NMN from its platform, and left many in the industry wondering what ingredient will be targeted next. And, speaking of exclusion, let’s not forget CBD, an example of an entire class of products FDA decided to exclude from their regulatory remit. In 2024, CRN will continue to press for restoring the balance between incentives for drugs and supplement innovation, through both regulatory and legislative approaches. 

Federal hurdles were unfortunately matched by unreasonable restrictions at the state level. In 2023, various states considered legislation that would impose age restrictions on the purchase of certain dietary supplements, attempting to connect dietary supplement use with eating disorders in young people. CRN actively opposed these legislative efforts by refuting the unfounded correlation through scientific research. But the passage of the bill in New York means even more likely introductions in 2024 and the industry will have to collectively and vigorously oppose this legislation wherever it arises.  

New challenges will present in 2024, too. But after half a century of providing guidance and stewardship to our members, we do know this: The winning formula to overcome much of the adversity we have faced, and will face, is our ability to work collaboratively with regulators and to passionately advocate for our members by showcasing the science and integrity behind their products. It’s why we will be invited back to the table on mandatory product listing and expansion of FSAs/HSAs to include supplements. And it’s why I predict that 2024 will mark the beginning of another 50 years of CRN championing this ever-evolving and dynamic industry. For our members, success in 2024 will come from a well-founded reliance on CRN to act reasonably and responsibly on their behalf, as we faithfully have for five decades. 

As we mark the 30th anniversary of DSHEA, what are the most pressing issues facing the industry, and what steps should industry members take to ensure our collective success?  Read on for more insights from AHPA, CHPA, INFRA, NPA, Organic & Natural Health, and SENPA!