Idaho house bill ensures legal status of dietary supplements regardless of changes to federal regulations

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Newly introduced legislation in Idaho (House Bill 82) ensures that dietary supplements that are in compliance with federal law and regulations as of July 1, 2022, shall be legal in the state in spite of any amendment, repeal or addition made to federal law or regulation of dietary supplements federally. The bill was sponsored by Idaho Representative Jaclyn Gallagher. The legislation comes in the aftermath of the U.S. Food and Drug Administration’s (FDA) decision that dietary supplements such as N-acetyl-L-cycteine (NAC) and beta-nicotinamide mononucleotide (NMN) are no longer considered dietary ingredients due to the drug preclusion clause. These decisions were made despite long-standing usage and sale of NAC, and an acknowledged new dietary ingredient notification for an NMN ingredient, creating huge disruptions for brands and suppliers, as well as limited consumers’ access to their preferred supplements.

On the state side, the Idaho bill is unusual considering that legislators other states such as California, New Jersey, New York, Rhode Island and Massachusetts have been actively trying to restrict access of weight management and muscle-building dietary supplements to minors. The bill was introduced on February 2, 2023 and has recently progressed out of the Health and Welfare committee back to the Idaho House. The legislation is being applauded by the Natural Products Association (NPA) for protecting consumer access to dietary supplements.

“We are extremely grateful for Representative Gallagher’s leadership and look forward to her continued advocacy for the health and wellness community. NPA is pressing for other states to follow Idaho’s lead in addition to our national push for states to exempt supplements from state sales taxes like Kansas did recently,” said Kyle Turk, director of government affairs at NPA, in a press release.

“The dietary supplement industry has a storied history in Idaho and Idahoans rely on these products to be a part of their health and wellness routines,” said Gallagher in the NPA press release. “Whether it’s a protein shake after a workout, multivitamins or fish oil, these products are an important part of our way of life and I am proud that my legislation will continue to protect Idahoans personal healthcare choices.”