Weekly Digest

October 6, 2026

Volume 7, Issue 1

What’s Inside This Week

 

State Action & the Federal Patchwork

California Signs Restrictive Supplement Bill Into Law, Industry Disappointed and Concerned

Gov. Gavin Newsom signed AB 2030, which bars over-the-counter weight-loss and muscle-building supplement sales to minors without a prescription. Industry groups warned the broad approach could sweep in lawful products such as fiber, protein, and multivitamins. The law adds to state-level rules layered on top of the federal framework Congress set in DSHEA.

State Regulatory Surge Far From Over, Experts Say

Experts say California’s action signals a growing wave of state supplement rules, with at least five more states weighing age-restriction bills. NPA’s Daniel Fabricant called the trend an increasingly unworkable patchwork for products already regulated federally. The developments sharpen the case for the federal uniformity legislation pending in Congress.

Dietary Supplement Legislation in 2026: Product Listing, Drug Preclusion, and Federal Preemption

A year-to-date review covers the Dietary Supplement Listing Act, the Dietary Supplement Regulatory Uniformity Act, and the Dietary Supplement Innovation Act. The bills remain at the introduction stage heading into the fourth quarter. Each would reshape how FDA oversees supplements under DSHEA.

 

Drug Preclusion & the Innovation Act

Drug Preclusion: Necessary Reform (CRN and AHPA Opinion)

The Council for Responsible Nutrition and the American Herbal Products Association back the Dietary Supplement Innovation Act (H.R. 10336). They argue it would protect ingredients marketed before 1994 and create clearer thresholds and pathways to lift drug preclusion. The drug exclusion clause is one of the most consequential provisions of DSHEA for ingredient innovation.

Drug Preclusion: Consider the Source (NPA Opinion)

Natural Products Association CEO Daniel Fabricant opposes H.R. 10336, arguing it would write pharmaceutical gatekeeping into federal law by using a Phase 2 or Phase 3 trigger for preclusion. He warns the industry against negotiating away its regulatory independence. The split with CRN and AHPA shows how divided the industry remains on reforming the drug exclusion clause.

 

Enforcement, Marketing & Product Safety

Kratom, 7-OH Laws Diverge Amid the Spread of Potent Synthetic Products

States are taking sharply different approaches to kratom and its synthetic derivative 7-OH. Federal officials moved in July to place 7-OH above a set concentration in Schedule I, exempting naturally occurring botanical kratom. The episode illustrates the line between lawful botanical supplements and concentrated products that draw regulatory action.

Thousands of Supplement Ads at Risk of Non-Compliance, ASA Investigation Finds

The UK Advertising Standards Authority reviewed roughly 309,000 paid wellness ads and found more than 86 percent posed medium or high compliance risk. Mushroom supplements and research peptides were among the categories of greatest concern. The findings are a reminder of the claims scrutiny that U.S. marketers also face under DSHEA and FDA and FTC rules.

 

Global & Industry Outlook

Proposed Dutch Supplement Rule Changes Could Force Product Reformulation

The Netherlands has proposed banning ashwagandha and Huperzia serrata in food supplements, limiting black cohosh dosage, and adding warning labels to a dozen other herbals. Consultation runs until December 7, 2026. The proposal offers a contrast with the U.S. approach under DSHEA, where botanicals are generally marketed without pre-approval.

SupplySide Global 2026: Exploring This Year’s Education Sessions

SupplySide Global runs October 26 to 30 in Las Vegas, with sessions on regulatory compliance, GLP-1 market impact, gut health, and sports nutrition. The regulatory track gives industry a venue to weigh the state, federal, and FDA developments reshaping the supplement market.

 

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