NPA and CRN seek preliminary injunctions to prevent enforcement of New York law banning sale of weight management supplements to minor

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The Natural Products Association (NPA; Washington, D.C.) and the Council for Responsible Nutrition (CRN; Washington, D.C.) are seeking a preliminary injunction to prevent enforcement of New York Assembly Bill A5610, which bans the sale of weight management and muscle building supplements to minors. Both NPA and CRN have filed lawsuits against the state to block to law, which is supposed to go into effect on April 22, 2024.

According to Natural Products Insider, in an April 1st letter to Federal Judge Joan Azrack, NPA requested a pre-motion conference. The intention of this conference was to discuss the filing of a motion for a preliminary injunction. This would enjoin the state Attorney General from enforcing or requiring compliance with the law until the lawsuit is resolved. A motion for preliminary injunction requires NPA to establish that the law threatens irreparable injury to the affected parties.

On April 4, 2024, CRN announced the filing of an emergency motion for preliminary injunction. CRN argues in its motion, filed on April 3, that the law violates the NY and U.S. constitutions, and should be invalidated because of it is ambiguous, chills free speech, represents an excessive use of the state’s police powers, and is preempted by provisions of the Food, Drug, and Cosmetic Act.

“Right now, this law is wide open to interpretation and incredibly ambiguous in terms of how it gets enforced,” said Steve Mister, president and CEO of CRN, in a press release. “This vagueness will create uncertainty in the retail marketplace, which will ultimately result in retailers deciding not to sell many dietary supplement products, as they will err on the side of caution in an attempt to not break this ill-defined law. In the end, consumers will have less products to choose from when they go to the pharmacy, grocery store or when placing orders online.”