The Council for Responsible Nutrition (CRN), the leading trade association representing the dietary supplement and functional food industry, issued the following statement:
The Council for Responsible Nutrition has asked the Second Circuit Court of Appeals to rehear our case because the panel’s decision, in our view, lowers the constitutional protections that apply to truthful commercial speech. New York’s law restricts access to dietary supplements for minors based solely on how products are marketed, not on whether they contain any harmful ingredients. We believe the Constitution requires the state to show real evidence that such a speech-based restriction actually protects public health—and that less restrictive, non–speech-based alternatives were carefully considered.
Our filing simply asks the full court to take another look at the case, correct these legal errors, and allow a preliminary injunction so the law does not take effect while the litigation continues.
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