Safeguarding in a Changing Landscape

The critical issues threatening supplement access, research integrity, and FDA authority—explained.
Current Issues

Urgent Threats to the Law That Protects Supplements, Innovation, and Regulatory Integrity

DSHEA has long served as the legal foundation for safe access to dietary supplements and a clear separation between supplements and pharmaceutical drugs. But today, that framework is under increasing strain. From lawsuits challenging FDA authority to efforts that erode scientific boundaries, these emerging threats jeopardize consumer safety, research integrity, and lawful industry standards. Understanding these six critical issues is essential to defending the future of DSHEA.

01

Undermining the Drug Exclusion Clause

Efforts to commercialize drug-researched ingredients as supplements threaten DSHEA’s drug exclusion clause, which preserves scientific integrity and protects innovation from being undercut.

02

Unlawful Market Entry of Unapproved Ingredients

Legal actions are being used to challenge FDA decisions under DSHEA, attempting to force policy reversals and set precedents that weaken regulatory enforcement and statutory clarity.

03

Illegal Market Entry of Investigational Compounds

Some products are being sold as supplements without safety notification or FDA review, bypassing DSHEA’s premarket requirements and risking consumer trust and industry credibility.

04

Political Pressure on
FDA Enforcement

Interest groups are urging FDA to allow exceptions beyond the law, pressuring the agency to abandon DSHEA’s legal structure in favor of politically driven enforcement discretion.

05

Erosion of the Supplement–Drug Distinction

Attempts to blur the line between supplements and pharmaceuticals dilute DSHEA’s core protections, creating confusion and weakening oversight of health-related consumer products.

06

Disincentivizing Scientific Innovation

Allowing supplement claims on drug-researched compounds removes the incentive for companies to invest in rigorous drug development, risking long-term innovation and public benefit.

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