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NPA’s Age Restriction Lawsuit Dismissed in New York

The trade association sought a preliminary injunction against a new law in the state that would ban the sale of certain dietary supplements to minors.

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By: Mike Montemarano

Associate Editor, Nutraceuticals World

U.S. District Court Judge Joan Azrack has dismissed a lawsuit filed by the Natural Products Association (NPA) which sought a preliminary injunction against a new law in New York that prohibits the sale of certain dietary supplements to people under 18.
 
The association filed its suit in December 2023 seeking a preliminary injunction to prevent the law from going into effect in April.
 
“We are disappointed in this ruling but believe there is still an opportunity to block the damaging effects of this misguided law,” said Daniel Fabricant, PhD, president and CEO of NPA. “We are weighing all of our options because we are determined to protect consumers and our industry from these baseless attempts to limit the sale of these natural products to people who want to purchase them.”
 
Similarly to NPA, which filed a suit in New York’s Eastern District, the Council for Responsible Nutrition (CRN) filed its own separate lawsuit challenging the constitutionality of the law in March, in New York’s Southern District.
 
U.S. District Court Judge Andrew L. Carter denied CRN’s request for a preliminary injunction, and dismissed several of CRN’s claims about the law’s vagueness, the state’s excessive use of police powers, and that the statute is preempted by federal law. However, the case is moving forward on the argument that the law could plausibly violate the First Amendment.

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