As we approach the major milestone of the 30th anniversary of the Dietary Supplement Health and Education Act of 1994 (DSHEA), the team at WholeFoods Magazine has been reporting on the latest threats while also looking back, exploring how the industry rallied to win its biggest battle 30 years ago…and questioning whether we have what it takes to do the same if needed today.
On page 26 of this issue, WholeFoods Magazine Merchandising Editor Jay Jacobowitz, President and Founder of Retail Insights, presents part 2 of his series DSHEA at 30. In part 1, Jacobowitz spoke to independent natural products retailers from coast to coast to learn about retailers’ approach to natural products advocacy in 2024. The participating retailers shared their different perspectives and insights on the importance of advocacy and what they prioritize, and a common, unfortunate theme become clear: For many independents, the desire to be more informed and involved is significant, but they simply do not have the bandwidth to participate at the level they want…at the level that made the positive difference back in 1994.
A retailer from the Midwest outlined the issue: “From a high-level view, and I hope I’m wrong, I don’t think our industry is as unified as it once was. I think this is a function of being a much larger industry today than we were in the ‘90s [when DSHEA passed]. Unity dissipates over time. I see the same in myself, so I’m not pointing fingers. I’m less proactive and protective of our rights than before. I feel almost a bit less empowered to enact change. And that’s a terrible feeling. I have three things to do today, so advocacy may get left off. It is hard to carve out the time to educate yourself, educate your team, make phone calls, and write letters to Congress. So, I’m concerned from that standpoint. There still are all the forces aligned against our industry as before; the old status quo factors in government.
“Rallying our customers is a similar challenge. It used to be that almost all our shoppers were those in need of addressing an immediate health concern. Many customers today are not in immediate need, but desire a better life, so may not feel as life-and-death urgency around some of the regulatory threats of restrictions to access. We are a little more self-focused than outwardly focused today. My health. With everything I have to do daily, it can be hard to take time to do the things I need to do to preserve our industry’s future.”
Reflecting on this problem in part 2 of the series, Loren Israelsen, Founder and President, United Natural Products Alliance (UNPA), told Jacobowitz, “[Local retailers] were the foot soldiers and the warriors of DSHEA. Without them, there is no DSHEA. Now there are fewer and fewer local retailers, and they are asking, quite rightly, what is Amazon doing for our community? What are the venture capitalists (VC) doing for our community? The answer is Amazon avoids politics and the VC owners see little return on investment to support our community of nonprofits, associations, and worthy causes. Community retailers are understandably pissed off and discouraged. I share their sentiments in this regard and see it as a bad omen for an industry that has survived and grown because of its willingness to go fight for our health freedoms. Do we still have that fire in our bellies? That is the question.”
The answer: We had better have that fire, because threats are coming from all sides. Our industry trade associations, including UNPA along with the Natural Products Association (NPA), the Council for Responsible Nutrition (CRN), the American Herbal Products Association (AHPA), the Consumer Healthcare Products Association (CHPA), and others are fighting for us, but we need to stay educated and engaged as well.
Just a few of the issues currently threatening consumer access to products and/or eroding consumer trust:
NPA and CRN continue to fight efforts at age-restrict access to supplements. The battle continues in New York state, but good news came from California in August: Bill AB 82, which would have placed age restrictions on certain supplements, failed to pass the CA state legislature and will not advance during this legislative session.
An “original investigation” that first appeared in JAMA Open Network (Estimated Exposure to 6 Potentially Hepatotoxic Botanicals in US Adults), and then was picked up by mainstream media that ran headlines such as “More than 15 million US adults consume botanicals with liver harming potential: Study” that could alarm consumers. Our trade associations went to work to set the record straight.
Poor-quality supplements continue to be sold on Amazon, putting consumers at risk and potentially eroding trust in the industry. Ingredient suppliers and manufacturers are fighting against this. NOW recently conducted its 18th round of product testing since 2017, and all of the company’s tests, including this latest focus on resveratrol, have raised serious concerns. And testing conducted by Balchem, in conjunction with Alkemist Labs, looked at 38 formats and formulations of vitamin K2 products…71% underperformed in the quality benchmarks.
That’s only a fraction of what’s going on, and why we need to be ever vigilant. The WholeFoods team will keep updating you on the latest, and doing what we can to support you and your business, so you can join the fight.
