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Makers of dietary supplements are pushing the Food and Drug Administration to expand the types of ingredients they can put in their products, a change that could open the door to more marketing of peptides, probiotics and other trendy wellness offerings. The FDA is holding a public meeting to discuss its criteria for dietary supplements and whether they could be broadened to include substances that don’t come from food, vitamins, herbs or other traditional ingredients.
Why it matters
This issue highlights the ongoing tension between the dietary supplement industry and the FDA over the regulation of new and emerging ingredients. The industry argues that the FDA’s current interpretation of the law is too narrow, while the FDA maintains that supplements must be safe and truthfully advertised. The outcome of this meeting could have significant implications for the types of products consumers have access to in the $55 billion U.S. supplement market.
The details
Under current FDA regulations, supplements are considered a category of food, with most ingredients coming from plants, herbs and other substances found in the American diet. This requirement has become a challenge for the industry as newer wellness products often feature substances that have never been used in food, such as peptides and certain probiotics. Companies argue the FDA law doesn’t specify that all ingredients must come from food, while the FDA says these products technically violate its rules. The industry is hoping the FDA will be willing to redefine what constitutes a ‘dietary ingredient’ to allow these newer substances.
The FDA is holding a public meeting on March 27, 2026 to discuss the issue.Robert F. Kennedy Jr. became the nation’s top health official in 2025 and has vowed to ‘end the war at FDA’ on dietary supplements, peptides and other products.
The players
Natural Products Association
An industry group that has clashed with the FDA over certain new supplement ingredients and requested the meeting with the FDA.
Robert F. Kennedy Jr.
The nation’s top health official who has vowed to loosen FDA limits on producing injectable peptides and is a ‘big fan’ of peptides.
Gary Brecka
A self-described ‘longevity expert’ who sells peptide injectables, patches and nasal sprays through his website.
Dr. Mark Hyman
A friend of Kennedy who sells dozens of dietary supplements, including some claiming to contain peptides, through his website.
Mitch Zeller
A former FDA official who worked on supplement issues in the 1990s and believes the 1994 law that gave the FDA oversight of the industry ‘sanctioned unauthorized, implied health claims’ on supplement labels.
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What they’re saying
“The hope of the meeting is that FDA is willing to open up its interpretation of what constitutes a dietary ingredient to allow dietary substances that aren’t already in food.”
— Robert Durkin, Former official in the FDA’s supplements program, now consultant for companies
“I’m a big fan of peptides. I’ve personally used them to treat injuries.”
— Robert F. Kennedy Jr.
What’s next
If the FDA is unwilling to redefine what constitutes a dietary ingredient, the industry could sue the agency. A 2024 Supreme Court decision weakened federal regulators’ authority to interpret laws and craft regulations according to their preferences.
The takeaway
This debate highlights the ongoing clash between the dietary supplement industry’s desire for less regulation and the FDA’s mandate to ensure the safety and truthful advertising of these products. The outcome could significantly impact the types of wellness products available to consumers in the growing $55 billion U.S. supplement market.
