Over the past decade, dozens of states have introduced legislation that would restrict access to dietary supplements in some capacity.
The proposals vary by state, but the concept is largely the same. Products like creatine, amino acids and other nutritional supplements would be moved behind the counter, requiring consumers to present identification before purchase.
In other words, policymakers are increasingly discussing regulations that would treat certain supplements more like alcohol or tobacco than the wellness products millions of Americans rely on every day to promote their health. Proposing to treat a health product like tobacco or liquor is an irrational framework, but that’s the reality the supplement industry must deal with.
And that is precisely why strong engagement in the policymaking process across the dietary supplement supply chain is a necessity, underscoring the importance of the Natural Products Association’s annual Fly-In Day (on May 12) in Washington, D.C.
As a former state legislative staffer, I can tell you firsthand that lawmakers are often working with extremely limited policy resources. In many state legislatures, there may be one or two staff members responsible for policy across a wide range of issues, from health care to transportation and higher education.
When complex topics like dietary supplement regulation arise, legislative staff members —including professionals working on Capitol Hill — rely heavily on outside experts to help them understand the issues.
If industry voices are absent from that conversation, policymakers will still make decisions. Unfortunately, they’ll be relying on incomplete information, assumptions or the perspectives of groups that either may not fully understand how the supplement marketplace actually works or that demonstrate a bias against the industry.
The Natural Products Association works year-round to educate policymakers, regulators and legislative staff about the dietary supplement industry. But one of the most effective ways to influence those conversations is still the simplest: showing up in person and telling your story, which highlights why our members across the supply chain are so integral to educating Congress.
Fly-In Day gives companies the opportunity to do exactly that. Each year, NPA member companies travel to Washington, D.C., to meet directly with members of Congress and their staff. These meetings provide lawmakers with something they rarely receive during policy debates: practical insights from the people who develop, manufacture and sell these products.
HSA/FSA supplement allowance movement
For companies attending Fly-In Day, conversations often center on issues that directly affect the supplement industry’s future. One example is the ongoing effort to expand consumers’ ability to purchase dietary supplements using Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs).
NPA has been working with a group of lawmakers to allow supplements to be purchased through these accounts without requiring a prescription. At a time when millions of Americans are investing more in preventive health, the policy change makes sense both economically and from a public health perspective.
Encouragingly, the proposal has been gaining traction across government. These are the types of policy conversations in which direct engagement from industry leaders can make a real difference.
Drug preclusion resolution needed
Another key issue shaping discussions on Capitol Hill is the drug preclusion clause in the Dietary Supplement Health and Education Act of 1994 (DSHEA), which has created uncertainty for suppliers of innovative ingredients such as N-acetyl-L-cysteine (NAC), (β)-Nicotinamide Mononucleotide (NMN) and other emerging compounds.
Companies investing in the next generation of dietary supplements need regulatory clarity so they can continue developing new products without uncertainty over how FDA classifies them.
Both regulators and lawmakers are increasingly aware of the problem. Conversations are underway about how Congress can help clarify the drug preclusion clause in section 201(ff) of the Federal Food, Drug & Cosmetic Act, which DSHEA amended over 30 years ago.
Have voice heard in D.C.
Fly-In Day provides companies with an opportunity to share the research and development investments behind new ingredients and explain why regulatory certainty is essential to innovation.
When policymakers hear directly from supplement companies about the scientific work and compliance efforts behind new products, it helps them understand that issues like drug preclusion are not abstract regulatory debates with low stakes. FDA’s decisions have a significant impact on investments, jobs and consumer access to innovative products.
Ultimately, Fly-In Day is more than a single day of meetings on Capitol Hill. It’s about building relationships with policymakers, educating decision-makers about the supplement industry, and ensuring that the voices of responsible companies are heard when regulators and legislators are developing policies affecting the industry.
Those conversations are more important than ever, amid a flood of proposals across the country to restrict access to dietary supplements.
The dietary supplement industry supports millions of consumers, thousands of businesses and a growing focus on preventive health. But policymakers will only understand that story if the people behind the industry take the time to share it.
That’s why companies across the natural products sector continue to return to the nation’s capital year after year to participate in NPA’s Fly-In Day.
