Dietary Supplement Access Act: Key Facts
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Washington, D.C.—A bipartisan group of lawmakers has introduced legislation aimed at expanding the use of tax-advantaged health accounts to include dietary supplements, a move supporters say would modernize federal policy and give Americans greater flexibility in managing preventive health expenses.
The Dietary Supplement Access Act, introduced by Sens. Kevin Cramer (R-ND) and John Curtis (R-UT), would amend the Internal Revenue Code to classify over-the-counter dietary supplements as qualified medical expenses. The change would allow consumers to purchase supplements using Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), and Health Reimbursement Arrangements (HRAs), subject to annual limits.
Under the proposal, individuals would be permitted to use up to $250 annually from their accounts on dietary supplements, while joint filers could use up to $500 per year.
“Nutritional supplements are a crucial form of preventative care, keeping people healthier in the long run and, ultimately, driving down healthcare costs,” said Cramer. “But right now, the rules don’t fully reflect this reality. By modernizing how health savings accounts and flexible spending accounts can be used, this bill gives families more freedom, more choice, and more ability to invest in their own wellbeing.”
Curtis said supplements are already widely used as part of consumers’ wellness routines: “Dietary supplements are an important part of many Utahns’ health and wellness routines, and are key to making America healthy again. By expanding access to supplements through HSAs and FSAs, our legislation empowers individuals to take greater ownership of their health while helping reduce long-term healthcare costs.”
A companion measure has been introduced in the House of Representatives by Reps. Darin LaHood (R-IL), Brendan Boyle (D-PA), Claudia Tenney (R-NY), and Josh Gottheimer (D-NJ).
Industry Groups Voice Support for Dietary Supplement Access Act
The legislation has drawn support from leading industry organizations, including the Council for Responsible Nutrition (CRN), Natural Products Association (NPA), and Consumer Health Products Association (CHPA).
Daniel Fabricant, Ph.D., President and CEO of NPA, described the bill as a “commonsense, pro-consumer bill.”
“Millions of Americans use dietary supplements as part of their daily health routine, yet current tax law treats these products as a luxury rather than the legitimate health tool they are," said Dr. Fabricant. "NPA commends the bipartisan, bicameral leadership of Sens, Cramer and Curtis and Reps, LaHood, Tenney, Gottheimer and Boyle for championing this issue, and we urge Congress to move swiftly on this important legislation.”
Steve Mister, President and CEO of CRN, said the legislation reflects a shift in how consumers approach preventive health.
“CRN strongly supports the Dietary Supplements Access Act because it reflects a modern understanding of healthcare—one that recognizes the important role dietary supplements can play in supporting health and wellness,” Mister explained. “Consumers increasingly use supplements as part of their proactive health regimens, yet current tax policy has failed to keep pace with how Americans approach preventive care.”
Mister added that the proposal would align tax policy with consumer behavior. “This legislation helps empower consumers to make health investments using the same tax-advantaged tools already available for many other wellness and medical expenses,” Mister said.
CRN also noted its long-standing advocacy for expanding HSA and FSA eligibility rules, including support for CARES Act provisions during the COVID-19 pandemic that expanded access to certain over-the-counter health products.
Scott Melville, President and CEO of CHPA, said expanding eligibility for HSAs and FSAs reflects “smart healthcare policy.”
“At a time when more science is supporting the use of dietary supplements to maintain health and wellness, expanding HSA and FSA eligibility to include supplements is smart healthcare policy,” Melville said. “Giving consumers the ability to use their own pre-tax dollars to purchase supplements makes healthcare more affordable and accessible and empowers Americans to take a more proactive approach to their health and wellness. This legislation builds on bipartisan efforts to expand access to trusted self-care products, and CHPA applauds Senator Cramer for championing greater flexibility and affordability for consumers.”
