Duffy MacKay, CHPA SVP, Dietary Supplements

Industry Challenges and Opportunities:
A Trust-Based Perspective

by Duffy MacKay, CHPA SVP, Dietary Supplements

In the dynamic landscape of the dietary supplement industry, building and maintaining trust is an ongoing challenge that requires years of dedication. As Warren Buffett wisely noted: “It takes 20 years to build a reputation and five minutes to ruin it"—a statement that also holds true for the dietary supplement industry. For nearly three decades, industry has enjoyed a commendable reputation under the Dietary Supplement Health and Education Act (DSHEA) of 1994. However, this standing is consistently challenged by the actions of some “bad actors” in the marketplace who prey on the fact that regulations have not kept pace with rapid growth—posing a threat to consumer trust.

As we reflect on 2023, industry has certainly made strides in bolstering its reputation through advancements in science and innovation, thriving on a growing scientific evidence base and showcasing exciting breakthroughs through recent studies, including those revealing that multivitamins may contribute to improved memory and slow cognitive decline in older adults. This scientific evidence not only promotes safe and affordable habits to support health, but it positions the industry as a positive force impacting the quality of life for many Americans, a benefit to both consumers and the entire U.S. healthcare system overall.

However, these commendable efforts and achievements have not completely shielded the industry from its challenges. One notable threat to consumer trust stems from the long-standing issue of illegal, counterfeit, and tainted and/or adulterated products masquerading as dietary supplements. Although the issue remains primarily isolated to online sales, the responsibility ultimately falls on industry to collaborate with retailers, regulators, and law enforcement to ensure consumers’ safety. The reputational risks arising from the availability of counterfeit and illegal products highlights a need to remain vigilant in the New Year, as well as the need for current regulations to be modernized, a topic which is poised to be significant in 2024.

DSHEA has served as the cornerstone of the FDA's regulation of dietary supplements, balancing consumers access to diverse products with safety considerations. However, as we envision the next 30 years of growth and innovation, it’s crucial to consider the voices of influential stakeholders across the regulatory and medical community who are advocating for the modernization of current regulations in order to give FDA the tools it needs to enhance safety and product integrity—key tenets to building consumer trust. 

While industry has modernization priorities of its own, such as granting FDA authority for third-party audits, amendments to the drug preclusion provision, and improvements to rules around claims and evidence dissemination, FDA has also outlined several legislative priorities to enhance its insight into manufacturing facilities. As these regulatory changes are debated and negotiated, legitimate concerns have been raised about advocating for modernization while FDA is in the process of reorganizing its Human Foods Program. Whether this is an opportunity, or an obstacle, will depend largely on FDA and industry working cooperatively to ensure quality, safety, and consumer needs at the forefront of discussions.

With millions of Americans relying on these products each day, establishing trust is not just a preference—it's a necessity. And when it comes to navigating these challenges and opportunities, ongoing collaboration among industry stakeholders, regulators, legislators, and the medical community is critical. As we approach 2024, industry should closely evaluate and consider regulatory developments and legislative measures that can enhance trust, increase innovation, and ensure continued success on behalf of U.S. consumers.

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, CRN, INFRA, NPA, Organic & Natural Health, and SENPA!