Washington, D.C.—More than 130 natural products industry leaders gathered on Capitol Hill, on May 12, 2026, for the Natural Products Association’s (NPA) annual Fly-In Day. Representing companies from across the country, attendees met directly with lawmakers and legislative staff to advocate for policies impacting the dietary supplement industry. Attendees spent the day discussing key legislative and regulatory issues affecting manufacturers, retailers, distributors, and consumers.
WholeFoods Magazine Publisher and Chief Business Officer Heather Wainer was in attendance, joining one of two groups representing New Jersey and meeting with staffers for members of Congress, including NJ Rep. Frank Pallone, Rep. Tom Kean, and Sen. Andy Kim.
Throughout the day, NPA members focused on several major policy priorities.
NPA Pushes for Drug Preclusion Reform
One of the central talking points of the day: the drug preclusion clause. "Attendees argued that FDA’s current interpretation of the provision can prevent certain ingredients from being marketed as dietary supplements if they have previously been investigated or approved as drugs." Wainer explains. "Industry leaders expressed concern that this creates uncertainty for supplement companies and could discourage innovation in several areas, including probiotics, botanicals, and bioactive compounds."
As outlined in materials distributed during the Fly-In Day, NPA is urging Congress to revise the provision to better reflect the original intent of the Dietary Supplement Health and Education Act of 1994 (DSHEA).
Among the proposed policy recommendations:
- Establishing a public registry of Investigational New Drug (IND) filings.
- Creating a clearer and more predictable FDA process for determining preclusion.
- Adding carve-outs for naturally occurring ingredients with a history of safe use.
- Exploring dual-pathway approaches in certain circumstances, which could allow some ingredients to be marketed both as drugs and dietary supplements with appropriate distinctions.
NPA maintains that such reforms would help restore balance between pharmaceutical exclusivity and dietary supplement innovation.
Fly-In Participants Discuss State-Level Supplement Restrictions
Another major topic centered on federal preemption and the growing number of state-level efforts to restrict access to dietary supplements.
NPA leaders noted concern over legislation in several states that would impose age restrictions, warning labels, or retail limitations on products such as creatine, branched-chain amino acids (BCAAs), and protein powders.
Attendees raised awareness on the issue, explaining that inconsistent state regulations create confusion for consumers and compliance challenges for retailers and manufacturers. NPA supports federal legislation designed to reinforce FDA’s role as the primary regulator of dietary supplements under DSHEA and ensure consistent standards nationwide.
The organization pointed to the Dietary Supplement Regulatory Uniformity Act as a key legislative effort aimed at preventing a patchwork of differing state requirements.
Opposition to Mandatory Product Listing
Fly-In participants also voiced opposition to proposed Mandatory Product Listing (MPL) legislation. NPA argues that the proposals would expand FDA authority beyond the framework established under DSHEA while creating new administrative and financial burdens for supplement companies. NPA says some of the proposed requirements could:
- Increase costs for manufacturers, retailers, and distributors.
- Delay market access for innovative products.
- Create supply chain security concerns through public disclosure of sensitive facility information.
- Shift regulatory focus away from targeting bad actors.
Instead, attendees suggested targeted enforcement strategies, increased FDA enforcement resources, and stronger coordination against illegal actors rather than broad new regulatory requirements for compliant businesses.
NPA Advocates for Expanded Preventive Health Access
Attendees also discussed efforts to encourage the Internal Revenue Service (IRS) to revise Publication 502 to clarify that dietary supplements bearing authorized health claims or permissible structure/function claims may qualify as eligible medical expenses under Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), and Health Reimbursement Arrangements (HRAs).
"Industry members stressed that current guidance requiring letters of medical necessity creates unnecessary barriers for consumers seeking preventive health options," Wainer explains. "NPA emphasized that supplements are widely used by consumers in support of immune health, cardiovascular wellness, cognitive health, and other preventive wellness goals, and that updating the guidance could align IRS policy with how these products are currently regulated and used."
Industry Engagement and Advocacy
Fly-In Day is not about partisan politics, but about policy and ensuring lawmakers understand the issues impacting the natural products industry. "Sitting in the meetings, it is clear that legislators want to hear directly from industry members about the challenges our businesses and our consumers face," Wainer says. "It's important that we take part in these events and every opportunity to be heard."
Daniel Fabricant, Ph.D., President and CEO of NPA, reminded attendees: “Change is inevitable; it is not optional,” underscoring the rapidly evolving regulatory and legislative landscape facing the dietary supplement sector.
Jim Emme, Chairman of NPA’s Board of Directors and CEO of NOW Health Group, encouraged participants to view the Fly-In not as a one-day event, but as part of an ongoing advocacy effort that requires consistent engagement with policymakers. Emme stressed that industry members are “part of something bigger,” highlighting the importance of unity among manufacturers, retailers, distributors, media, and other stakeholders.
"Sharing perspectives on consumer access, regulatory fairness, innovation, and science-based oversight with regulators is essential," Wainer adds.
During a reception, attendees also heard remarks from representatives, including U.S. Congressman Nick Langworthy (R-NY), who discussed the Dietary Supplement Regulatory Uniformity Act, which he introduced earlier this year. The legislation is aimed at reaffirming a single, science-based national standard for dietary supplements under the authority of the U.S. Food and Drug Administration (FDA). The bill is designed to protect consumer health and rein in burdensome state overregulation.
NPA Marks 90 Years of Industry Advocacy
In addition to the policy discussions, the Fly-In Day served as part of NPA’s 90th anniversary celebration. The association is strengthening fundraising efforts to support future advocacy initiatives and legal actions aimed at protecting the dietary supplement industry.
Industry leaders emphasized that sustained advocacy will remain critical as policymakers continue debating issues related to supplement regulation, consumer access, and federal oversight.
As Fly-In Day concluded, attendees left D.C. with a shared message: the dietary supplement industry intends to remain actively engaged in shaping the future regulatory environment for natural products and consumer wellness.
