Daniel Fabricant, Ph.D. is CEO and President of the Natural Products Association (NPA)

Focusing on Accountability

by Daniel Fabricant, Ph.D., CEO and President, NPA

NPA has an almost 90-year history of action speaking advocacy to power, so of course, we're biased, but it doesn't mean we are wrong. When benchmarked to industries of standard economic scale, our industry lags in association membership (as a percentage of industry participation), lobbying, and campaign contributions.  

In times like these, I cannot stress the need for effective communication between the Natural Products industry and policymakers. With some 4,000-plus associations in D.C., policymakers often need a deeper understanding of practices and the challenges faced by any given industry. Not having a deep bench of advocates for Natural Products in the legislative branch across party lines to value the merits of the industry and ensure that policies are conducive to the industry's growth and sustainability will not result in a future course that exceeds our present reality.

Yet, thanks to the NPA membership, NPA continues to execute effective and impactful initiatives, and this year, we took our efforts a step further to expand our reach. Throughout 2023, we have seen significant accomplishments along with areas of concern that need to be addressed by the entire industry.

In years past, the NPA defeated proposals in California, Illinois, Maryland, Massachusetts, Missouri, New Jersey, Rhode Island, and others. However, this year, despite intense lobbying and grassroots efforts led by the NPA, New York enacted a new law restricting access and making it hard to purchase dietary supplements. This is significant because the state represents billions of dollars for industry and establishes a precedent that other states will follow. The NPA was the only association to recently file a lawsuit, we believe the court will recognize the serious concerns raised and declare it unconstitutional. Independent of outcome, we know ourselves and our enemy; why aren't we more in the fight against such derision?  

In passing the Dietary Supplement Health and Education Act (DSHEA), Congress charged the FDA to protect public health by ensuring foods are safe, wholesome, sanitary, and properly labeled. FDA's change of policy relative to the status of NAC, NMN, and other ingredients is a detriment to the entire dietary supplement industry. The situation with these ingredients is yet another example of the inconsistent way the FDA interprets DSHEA. To that end, we anticipate our lawsuit against the agency for NAC, and future action regarding agency treatment of NMN, will drive the conversation for reforming DSHEA.

The FDA's proposed reorganization package is now under review at the U.S. Department of Health and Human Services (HHS), which begins the formal external review process after more than a year of work following the findings and recommendations of a Reagan-Udall Foundation evaluation, which excluded an examination of how the agency regulates dietary supplements.

This is an alarming proposal, and the industry should not minimize the announcement's significance, especially regarding budgetary allocations. 

It's unclear to NPA why dietary supplements would be placed within the same office as food additives, especially since there is a statutory firewall between dietary supplement and food additive regulations. While the agency continues to communicate that these changes will modernize and strengthen the assessment of food chemicals and facilitate safe and innovative ingredients for use in foods and dietary supplements, the agency is not in the position to have earned the benefit of the doubt from the Natural Products Association. 

As the voice of the natural products industry, the NPA's advocacy work is one of its primary and core functional areas. In 2023, we ensured our members had a seat at the table by advocating, supporting, and opposing policies that broadly affected the natural products industry. Our work enabled our members to maximize their investment and value proposition associated with their membership within our organization. As we head into the new year, we are inspired and without apathy for the work ahead and the path forward in 2024.

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, CHPA, INFRA, Organic & Natural Health, and SENPA!