Another proposed age-restriction bill, this one in Hawaii, would — like the others — end up restricting access to all supplements for all consumers, trade groups have warned.
The recently introduced bill, designed as Hawaii Senate Bill 2016, aims to prohibit the sale of “nonprescription diet pills and dietary supplements for weight loss or muscle building to any person under 18 years of age.” It was sponsored by Democratic state senators Mike Gabbard, Angus McKelvey, Karl Rhoads, Sharon Moriwaki and Joy San Buenaventura.
As with other bills of this sort, the measure defines the intended products by how they are marketed. In this case, the targeted products are those intended to “modify, maintain or reduce body fat, appetite, overall metabolism, or the process by which nutrients are metabolized or maintain or increase muscle strength.”
The bill is similar to another that was introduced in Alaska in January.
These bills — akin to one that became law last year in New York — are based on the controversial notion that dietary supplements of this type can exacerbate eating disorders among young people.
Supplement industry trades come out against bill
Both the Natural Products Association (NPA) and the Council for Responsible Nutrition (CRN) testified against the bill yesterday. Both have consistently maintained no credible causal link exists between eating disorders among young people and the marketing of various dietary supplements.
This notion has gained traction through the work of an initiative called STRIPED (Strategic Training Initiative for the Prevention of Eating Disorders). Led by S. Bryn Austin, Ph.D., the initiative is associated with the T. H. Chan School of Public Health at Harvard University.
Nutritional scientists like Susan Hewlings, Ph.D., have refuted the claims put forward by Austin’s group.
In a review published in 2023 in the journal Nutrients, Hewlings concluded, “The evidence to date does not support a causative role for dietary supplements in eating disorders.”
She added, “Public health policy and resources should be focused on scientifically established approaches to reduce the prevalence of eating disorders.”
Like many of the other sales restriction bills, Hawaii SB 2016 also calls out specific ingredients to be added to the list of products. Those ingredients include creatine, green tea extract, raspberry ketone, Garcinia cambogia and coffee bean extract.
In his written testimony, Kyle Turk, NPA’s head of government affairs, noted that many of these ingredients can be found in regular foodstuffs.
“This proposal would mark the first time in American history that naturally occurring food-related ingredients are broadly restricted based on age,” Turk asserted.
“Banning these substances in supplement form while allowing them in food is inconsistent and irrational,” he added.
Andrea Wong, Ph.D., CRN’s chief science officer, in her testimony echoed the notion that the bill lacks solid rationale.
“SB 2106 is not based on a scientific assessment of risk,” Wong said. “Peer-reviewed research does not support the notion that dietary supplements cause eating disorders, and restricting access to lawful, FDA-regulated products diverts attention from the real, complex drivers of these serious mental health conditions.”
Both CRN and NPA noted that the bill places undue burdens on small businesses within an industry that generates $220 million in economic impact, employs almost 1,000 people and contributes nearly $42 million in tax revenue in Hawaii alone.
