DSHEA Weekly Digest – September 29, 2026

DSHEA Weekly Digest

DSHEA Preservation Alliance
Weekly Digest
September 29, 2026
Volume 6, Issue 5
What’s Inside This Week
California's decision to restrict sales of weight loss and muscle-building supplements to minors leads the week, adding to a growing state-level patchwork that industry groups say threatens access to legitimate products. At the federal level, an FDA supplement official outlined priorities that include stronger New Dietary Ingredient oversight and simpler DSHEA disclaimer placement, while the FTC's record $225 million settlement with Amway and an NAD ruling on ingredient substantiation highlighted enforcement of marketing claims. Coverage from the AHPA Botanical Congress, elderberry adulteration guidance, and major M&A activity round out a week of policy and industry developments.
 
State & Regulatory Action
California Signs Restrictive Supplement Bill Into Law, Industry Disappointed and Concerned

NutraIngredients | Sept 29, 2026
Governor Newsom signed AB 2030, which bars the sale of weight loss and muscle-building supplements to anyone under 18 without a prescription and adds age-verification duties for retailers. Industry groups, including the Council for Responsible Nutrition, warn the broad criteria could restrict access to products with legitimate uses. The law adds to a growing patchwork of state rules layered on top of the federal framework set by DSHEA.
Newsom Signs Legislation Aimed at Making Californians Healthier

Courthouse News Service | Sept 28, 2026
California's health package includes the ban on youth access to diet and muscle-building supplements, alongside a non-ultraprocessed food label and restrictions on vaping. Supporters cite concerns about unregulated products containing harmful substances such as steroids. The measure shows states stepping into territory where federal supplement oversight has traditionally led.
Amway Agrees to $225 Million Settlement With FTC Over Alleged Deceptive Business Practices

NutraIngredients | Sept 22, 2026
Amway and two affiliates will pay $225 million to resolve FTC and Washington state allegations of deceptive multilevel marketing, the largest monetary recovery the FTC has obtained from an MLM company. The order requires reforms including retail sales requirements and independent audits. For supplement sellers that rely on direct sales, the case underscores the FTC's focus on earnings claims and marketing conduct.
 
FDA & Regulatory Priorities
ODSP Deputy Director Outlines Supplement Priorities, Stresses Industry Partnership at AHPA Congress

SupplySide Supplement Journal | Sept 25, 2026
An official from FDA's Office of Dietary Supplement Programs described priorities that include strengthening New Dietary Ingredient oversight, allowing the DSHEA disclaimer on a single label panel, and using AI and data modernization for market oversight. The remarks offer a window into how the agency plans to administer DSHEA in the coming year. The emphasis on partnership signals an interest in working with industry on a modern framework.
FDA/EMA Meeting Highlights Challenges for Botanical Drugs

SupplySide Supplement Journal | Sept 25, 2026
A joint FDA and EMA workshop drew more than 1,000 attendees to compare regulatory pathways for botanical drugs. Speakers noted that U.S. approval demands more rigorous characterization and batch consistency, and that only a handful of botanical drugs have been approved in decades. The discussion bears on the boundary between botanical drugs and dietary supplements that DSHEA defines.
Alice Mushrooms Case Tests Limits of Ingredient Substantiation

NutraIngredients | Sept 25, 2026
The National Advertising Division found that Alice Mushrooms could support only a qualified calming claim for a chocolate product, ruling that evidence for two of its ingredients was insufficient. NAD stressed that ingredient studies must fit the finished formulation. The decision is a reminder of the substantiation burden that accompanies structure/function claims under DSHEA.
 
Industry & Botanicals
From Optimization to Longevity, 5 Highlights From Botanical Congress 2026

SupplySide Supplement Journal | Sept 28, 2026
At the AHPA Botanical Congress, speakers reported that herbs and botanicals rank third in market share and growth within dietary supplements, driven by younger health optimizer consumers. They stressed that product-specific evidence is essential amid rising demands for transparency. The trends shape the market that DSHEA-based policy must serve.
From Plot to Pill: Herb Farmers Share Environmental and Political Concerns at Botanical Congress

SupplySide Supplement Journal | Sept 25, 2026
Growers told the Botanical Congress they carry most of the risk from planting through delivery, including fires, water scarcity and labor cost pressures. Panelists urged buyers to offer long-term contracts and flexible payment terms. Stable domestic sourcing underpins the supply chain that supports supplement quality and availability.
BAPP Publishes Lab Guide for Elderberry

SupplySide Supplement Journal | Sept 22, 2026
The Botanical Adulterants Prevention Program released guidance reviewing 22 analytical methods to detect adulterated European elderberry. Substitution with cheaper anthocyanin-rich ingredients remains a fraud risk despite lower sales. Adulteration controls support compliance with FDA current good manufacturing practice requirements for supplements.
Recent Business Deals Foretell Positive Supplement Industry Future

SupplySide Supplement Journal | Sept 29, 2026
Deals including Procter & Gamble's $3.8 billion acquisition of Thorne and Nestle's $1 billion sale of supplement brands to Yellow Wood Partners are reshaping the market. An investor at Nutrition Capital Network expects ingredient company consolidation to accelerate while finished brand deals slow. Continued investment signals confidence in the regulatory environment for the category.
 
Your Voice Matters
State and federal decisions on supplements are moving quickly. Learn how you can stay informed and speak up to protect access to safe, lawful dietary supplements.

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