EXPANDED CONTENT, ORIGINIALLY PUBLISHED BY:
By Steve Mister, President & CEO, Council for Responsible Nutrition
Long before HHS Secretary Robert F. Kennedy, Jr. declared that FDA’s war on public health was coming to an end, CRN was already working toward a future that gives consumers greater access to dietary supplements to support better health. For years, we have been charting—and executing—a responsible growth strategy for the supplement marketplace grounded in science, innovation, and consumer choice.
So last fall, when RFK Jr. called for an end to the aggressive suppression of vitamins and nutraceuticals, CRN welcomed the shift. But course corrections in Washington rarely happen overnight. While some have grown impatient with the pace of change, we are focused on what comes next. Looking ahead to 2026, CRN sees a rare opportunity to advance meaningful reforms with a supportive Administration and a Congress that appears ready to move beyond rhetoric and actually make America healthier.
A closer look at select policy priorities:
Increasing Consumer Access to Supplements FSA/HSA
At the top of CRN’s federal “to do” list is a simple, commonsense reform: allowing consumers to use their FSAs and HSAs to purchase dietary supplements. If policymakers truly want Americans to prioritize prevention, improve nutrition, and avoid chronic disease, then they should allow taxpayers to use their health care dollars to invest in their health before illness strikes.
There are two clear paths to get there. The IRS can issue regulations recognizing supplements as a qualified medical expense, or Congress can amend the Internal Revenue Code to do the same. CRN has done the homework. Consumers overwhelmingly want this option. The impact on the federal budget would be minimal, since FSAs and HSAs are already used for other medical expenses. And CRN’s research shows that appropriate supplement use can reduce overall healthcare costs by keeping people healthier in the first place.
Protecting Innovation in the Supplement Space
Another priority is fixing the longstanding imbalance in innovation incentives between pharmaceutical companies and supplement manufacturers—an issue known as “drug preclusion.” FDA responded to CRN’s citizen petition this fall and restored NMN to the market, but the agency stopped short of correcting the underlying problem. Instead, FDA’s approach risks encouraging supplement companies to rush new ingredients to market illegally, without waiting the required 75 days after filing a New Dietary Ingredient notification, in hopes of beating a pharmaceutical competitor. Meanwhile, FDA preserved a deeply flawed standard that grants drug companies effective monopolies based on the filing of an IND application whose date is never disclosed.
CRN is actively engaging FDA to address these distortions. If the agency believes its hands are tied by statute—or by its interpretation of the law—CRN will pursue legislative solutions. We are already drafting legislation to clarify the narrow circumstances in which pharmaceutical exclusivity should apply, seeking congressional sponsors, and working with FDA on how it can support a more rational and equitable framework that promotes innovation across both sectors.
Modernizing Regulatory Programs to Ensure a Fair Playing Field and Appropriate Enforcement
CRN’s federal agenda also includes advancing legislation to establish a mandatory supplement label registry at FDA and modernizing the agency’s inspection priorities by recognizing accredited third-party audits and testing programs. These programs would allow FDA to redirect limited enforcement resources toward bad actors, while providing regulators with a clearer, more accurate snapshot of an industry that continues to grow and evolve.
Defending Supplement Marketers’ Commercial Free Speech and Pushing Back Patchwork of Misguided State Proposals
At the same time, CRN will be playing defense. We remain firmly opposed to misguided state efforts to impose age restrictions on lawful supplement products, including ongoing litigation in New York, the only state to enact such a measure. We also anticipate pushing back against proposals that unfairly single out prenatal supplements for additional contaminant testing. These policies may be well intentioned, but they risk driving consumers toward less reputable products as responsible manufacturers feel compelled to provide complete prenatal nutrition.
Finally, CRN is renewing its focus on federal legislation to preempt these state laws. A patchwork of conflicting state requirements would disrupt national commerce and replace science-based regulation with political calculation. This Congress—and this moment, as the Administration acknowledges the role dietary supplements play in improving public health—may offer the best opportunity in years to establish a coherent national framework. CRN intends to seize it.
There will be headwinds. But with momentum finally shifting, CRN is optimistic about the road ahead—and determined to make 2026 the year dietary supplements finally get their due.