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News|Articles|October 1, 2026

Dietary Supplement Legislation in 2026: Product Listing, Drug Preclusion, and Federal Preemption

Author(s)Erin McEvoy
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Key Takeaways

  • Senate and House product-listing proposals would require FDA registration and a public database; CRN supports, NPA objects on burden, and AHPA flags label listing-number requirements.
  • Federal preemption legislation would elevate FDA as the primary standard for supplements while allowing state petitions, aiming to replace fragmented state mandates; major trade associations broadly back it.
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A year-to-date look at the federal and state measures shaping supplement oversight, access, and classification.

Legislative activity affecting the nutraceutical industry has continued through the first three quarters of 2026, spanning product registration, federal oversight, state age restrictions, hemp, tax treatment, and drug preclusion. This roundup presents Nutritional Outlook coverage year to date, showing lawmakers taking different approaches, with trade associations often divided on details.

Product Listing Proposal Returns to the Senate

At the start of the year, Sen. Dick Durbin reintroduced the Dietary Supplement Listing Act, first introduced in 2022, which would require manufacturers to register products with the U.S. Food and Drug Administration and make the information public in a database.1

Council for Responsible Nutrition (CRN; Washington, D.C.) supported the bill, while Natural Products Association (NPA; Washington, D.C.) opposed it, citing administrative burden and higher costs.

Federal Preemption Bill Targets State Patchwork

On February 4, Rep. Nick Langworthy introduced the Dietary Supplement Regulatory Uniformity Act, which would make FDA oversight the primary national standard and bar conflicting state requirements, while letting states petition FDA.² CRN and NPA, along with American Herbal Products Association (AHPA; Silver Spring, MD), and Consumer Healthcare Products Association (CHPA; Washington, D.C.), voiced support.

California Restricts Minors' Access to Diet and Muscle-Building Supplements

California's AB 2030, introduced in February, cleared the Senate Health Committee 9–0 and the Senate Judiciary Committee on June 30.3 Gov. Gavin Newsom signed it on September 28, prohibiting sales of over-the-counter weight-loss and muscle-building supplements to anyone under 18.4 CHPA and CRN expressed disappointment, citing criteria in the bill that could reach products with other uses.

House Listing Bill Divides Industry

Rep. Maxine Dexter introduced a House version of the Dietary Supplement Listing Act in April.⁵ CRN endorsed it. NPA opposed it, citing administrative burden and litigation risk. AHPA said it does not oppose product listing in principle but cannot support listing numbers on labels without significant changes.

Missouri Hemp Law Faces Federal Lawsuit

Missouri's HB 2641, signed April 23, classifies hemp-derived cannabinoid products as marijuana and limits their handling to marijuana licensees. Hemp businesses and a trade association sued in federal court on July 16, ahead of the November 12 effective date.6

Spending Accounts Bill Targets Supplement Access

Sens. Kevin Cramer and John Curtis introduced the Dietary Supplements Access Act in May, which would make certain supplements qualified medical expenses for HSAs and FSAs.7

New Hampshire Exempts Herbal Tinctures From Liquor Law

Gov. Kelly Ayotte signed SB 524 on July 2, exempting alcohol-based herbal tinctures marketed as supplements from state liquor laws beginning January 1, 2027.8

Federal Hemp Deadline Remains in Flux

On September 1, the House passed a funding bill that would move the effective date of the federal 0.4 mg THC-per-container limit from November 12 to December 11. The federal hemp definition would affect a large majority of hemp products in the market and potentially affect standard processing methods, not just finished intoxicating products.

Drug Preclusion Reform Reaches Congress

On September 10, Rep. Diana Harshbarger introduced the Dietary Supplement Innovation Act to modernize the drug preclusion provision.10 The bill would protect previously marketed ingredients, let preclusion lapse after roughly 7 years of inactive drug development, and allow court challenges. CRN, CHPA, and AHPA supported it.

Open Questions Heading Into the Fourth Quarter

States have enacted measures on minors' access, tincture classification, and hemp, while the federal bills covered here remain at the introduction stage. Trade groups have aligned on preemption and preclusion reform but split on product listing, and hemp regulations remain unresolved.

References

  1. Krawiec S. Durbin reintroduces Dietary Supplement Listing Act with support from CRN. Nutritional Outlook. January 15, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/durbin-reintroduces-dietary-supplement-listing-act-with-support-from-crn
  2. McEvoy E. New legislation aims to reaffirm FDA authority over supplements. Nutritional Outlook. February 4, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/new-legislation-aims-to-reaffirm-fda-authority-over-supplements
  3. McEvoy E. California advances Assembly Bill 2030 on age restrictions for weight-loss and muscle-building supplements. Nutritional Outlook. July 10, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/california-bill-2030-age-restrictions-weight-loss-muscle-building-supplements
  4. McEvoy E. California governor signs AB 2030, restricting minors' access to diet supplements. Nutritional Outlook. September 28, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/california-governor-signs-ab-2030-restricting-minors-access-diet-supplements
  5. Saraceno N. House dietary supplement listing bill sparks industry debate on transparency and regulatory burden. Nutritional Outlook. April 23, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/house-dietary-supplement-listing-bill-sparks-industry-debate-transparency-regulatory-burden
  6. McEvoy E. Missouri hemp businesses sue to block HB 2641 ahead of November effective date. Nutritional Outlook. July 20, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/missouri-hemp-businesses-sue-block-hb-2641
  7. Saraceno N. Congress introduces bill allowing supplements under HSA and FSA spending rules. Nutritional Outlook. May 21, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/congress-introduces-bill--supplements-under-hsa-fsa-spending-rules
  8. McEvoy E. New Hampshire closes liquor-law gap for herbal tinctures. Nutritional Outlook. July 14, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/new-hampshire-closes-liquor-law-gap-herbal-tinctures
  9. McEvoy E. Federal hemp limit delayed to December 11: what manufacturers need to know. Nutritional Outlook. September 2, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/federal-hemp-limit-delayed-december-11-what-manufacturers-need-know
  10. McEvoy E. New bill would reform FDA drug preclusion standard for supplements. Nutritional Outlook. September 11, 2026. Accessed October 1, 2026. https://www.nutritionaloutlook.com/view/new-bill-would-reform-fda-drug-preclusion-standard-supplements

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