While federal debates around GRAS reform and other policy movements continue, Al‑Mondhiry, who is also co‑chair of the firm’s regulatory group, explained that many of the proposals under discussion would not override state laws. “Some of the discussions there, or some of the legislative proposals, or even FDA’s proposed rule if it gets there are not gonna have federal preemption. So we have to pay attention to the states,” she said.
That attention is increasingly necessary as states advance bills that, although commonly framed as food legislation, can directly impact dietary supplements. Because supplements fall within the wider food category, companies need to scrutinize state proposals carefully, particularly those mandating warning labels for certain ingredients or restricting the use of FD&C colors and other so‑called highly processed ingredients.
For national brands, the bigger issue is complexity. “This creates a problem because it sets up a potential state patchwork of different regulations and requirements for foods and supplements across the country,” Al‑Mondhiry noted, creating difficulty in keeping a single label that works in every market.
Litigation risk was another key theme of her session. A steady stream of class actions over flavor claims, long a challenge for conventional food brands, has now spread into supplements. Plaintiffs are targeting products labeled as “naturally flavored” or bearing “no artificial flavors” claims when they contain ingredients such as citric acid or malic acid.
Even if those ingredients are used for preservation rather than taste, suits allege they are synthetically derived and therefore artificial. “This trend is just not going away,” she said.
Protein claims
Protein claims in sports nutrition also remain under scrutiny. Al‑Mondhiry reminded brands that once they highlight a specific protein amount, full substantiation is required. “The minute you make a protein call out on the label… you have to show that you have 100% of that amount in there,” she said, adding that there is no allowance simply because protein may be naturally occurring.
Meanwhile, heavy metals, PFAS, and other microcontaminants are fueling demand letters and lawsuits, particularly when companies make broad quality claims such as “clean,” “natural,” or “high quality.” Plaintiffs argue that failing to disclose trace levels, “even at very small, like, micro amounts,” can render such claims misleading.
Her practical takeaway for brands? Look beyond required labeling elements and focus on marketing language. “It’s usually the voluntary statements that get people into trouble,” she said. Stepping back to assess the overall takeaway of a product’s claims can help companies weigh risks and make informed business decisions in an increasingly fragmented regulatory landscape, she suggested.
The Sports & Active Nutrition Summit is hosted by NutraIngredients, in association with the American Herbal Products Association’s Sports Nutrition Committee.
