Association says decision does not diminish concerns over overbroad, unsupported restrictions on lawful dietary supplements
WASHINGTON — The Council for Responsible Nutrition (CRN), the leading trade association for the dietary supplement and functional food industry, today expressed disappointment that the U.S. Supreme Court declined to review CRN’s challenge to a New York law restricting the sale of certain dietary supplements to individuals under 18 based on how those products are labeled, marketed or otherwise represented.
The Supreme Court denied CRN’s petition for a writ of certiorari in Council for Responsible Nutrition v. James, No. 25-1145. CRN had asked the Court to review a Second Circuit decision affirming the denial of a preliminary injunction against New York General Business Law § 391-oo. The case now moves forward at the district court.
“We are disappointed that the Supreme Court will not take this opportunity to review the serious concerns raised by New York’s law,” said Steve Mister, president and CEO of CRN. “The Court’s decision not to hear the case is not a ruling on the merits of our arguments, and it does not change our view that public-health policy should be grounded in evidence rather than assumptions about lawful products.”
New York’s law restricts sales of certain dietary supplements to minors based on whether the products are labeled, marketed or otherwise represented for weight loss or muscle building. CRN has argued throughout the litigation that the state’s approach sweeps too broadly and fails to establish that lawful dietary supplements targeted by the statute are responsible for the harms the law purports to address.
“Sometimes the importance of a fight is measured not only by whether you win a particular ruling, but by whether you are willing to stand up when an important principle is at stake,” Mister continued. “Policymakers should be expected to demonstrate that restrictions on lawful products, especially those that infringe on lawful commercial speech, are supported by sound evidence and are appropriately tailored to the problem they are trying to solve.”
Several outside organizations filed amicus briefs supporting Supreme Court review, underscoring broader concerns about New York’s approach and the precedent it could set for regulating lawful consumer products based on their marketing or labeling.
The issue has taken on added significance as other states move in the same direction. California recently enacted AB 2030, which similarly restricts the sale of dietary supplements marketed for weight loss or muscle building to consumers under age 18. Gov. Gavin Newsom signed the measure Sept. 28 despite sustained opposition from CRN, which warned that the law’s broad definitions could restrict access to an array of lawful products without sufficient evidence that those products cause the harms the legislation is intended to address.
CRN has consistently maintained that it shares policymakers’ goal of protecting young people and addressing eating disorders, but that those objectives should be pursued through targeted, science-based measures that address demonstrated risks rather than sweeping restrictions on safe and legal products.
“Today’s decision closes one legal avenue, but it does not resolve the underlying policy concerns,” Mister said. “CRN will continue working with lawmakers, regulators and other stakeholders to promote responsible, evidence-based policies that protect consumers without unnecessarily restricting access to lawful dietary supplements.”
About CRN
The Council for Responsible Nutrition (CRN), founded in 1973 and based in Washington, D.C., is the leading trade association representing the dietary supplement and functional food industry. Bringing together manufacturers, ingredient suppliers, and service providers, CRN unites its member companies around a shared commitment to science, transparency, and responsible business practices—advancing a strong, credible marketplace that supports consumer health and industry growth.
In an increasingly complex regulatory and media environment, CRN serves as the industry’s front line—shaping science-based policy, defending market access, and countering misinformation. Through strategic advocacy, self-regulatory leadership, voluntary guidelines, and evidence-based communications, CRN ensures that responsible companies are recognized, protected, and positioned to innovate and compete. Learn more at crnusa.org and follow @CRN_Supplements on X and LinkedIn.