In this third and final installment of our DSHEA at 30 series, we continue our discussion of the Dietary Supplement Health & Education Act of 1994 (DSHEA) with industry trade associations, whose memberships include retailers, manufacturers, brands, raw materials suppliers, and industry advisers and consultants. In Part I and Part II, we asked independent natural products retailers, industry manufacturers, ingredient suppliers, and other leaders to tell us how they are advocating to preserve access to healthful natural products. This includes inights from Loren Israelsen, Founder and President, United Natural Products Alliance (UNPA). Here, in Part III, industry associations and advocates relate best practices.
Natural Products Association (NPA):
On the tools NPA provides to members to help them advocate:
"NPA is the most effective and best value of any offering; we are the go-to when it comes to interacting with all three branches of government: legislative; executive, and judicial," Daniel Fabricant, Ph.D., NPA President & CEO, told us. "There are many tools, from grassroots organization of messages to legislative offices to getting a member of Congress or a state representative to a manufacturing plant or retail store in the district to hosting PAC events—these are just a few of the examples of what we do for our members to advance the industry on both a specific and general level for our members.
"Of course, there’s much more than that. We just defeated (again) the state age restriction bill in California, and we just sued FDA (again) on misinterpretation of the law (this time on NMN). We held our fly-in about four months ago, which is the largest in the industry, with over 150 congressional offices covered in one day. While these actions are for members, the entirety of the industry benefits from NPA leading the way and doing these things and stacking these wins in a way that no other organization in the space does. Just like you wouldn’t visit a foreign country without learning some of the language or having a translator, cold facts are there’s more government in all of our lives and less time to do something about it so it’s critical to work with NPA who speaks the language of government.
On challenges members face in mounting and sustaining advocacy efforts:
"Apathy," Dr. Fabricant stressed. "There are so many distractions right now and discussion on issues that may be interesting, but there are real and existential threats to the industry right now that need to be addressed first. Some of the 30th anniversary discussion has become a distraction; it’s important to look back and see what can be learned but not at the expense of what needs to be addressed today so we can have a bright tomorrow. In light of those distractions, many think it’s okay to pass on being involved with NPA, due to their preferences or some derivative. The irony is that some of those same folks who aren’t involved when there is a real problem, are keen to use their platforms and voices to discuss it to get attention or thereabouts, which may feel good but usually only results in more problems. Delving deeply into topics can be time consuming and challenging, still it is undoubtedly the key to success for any business in this space. To really dive deep it needs to be done with NPA, given our ability to win when it comes to dealing with the government."
On the most important factor in improving industry advocacy efforts:
"Engagement," Dr. Fabricant shared. "Commit to being an NPA member and get involved. Whether it’s making it to DC for fly-in or hosting a member or state representative at your place of business. It's tough to see eye to eye when you don’t meet face to face."
Council for Responsible Nutrition (CRN):
On the tools CRN provides to members to help them advocate:
"Through participation in CRN’s Government Relations Committee (and State GR Subcommittee), members receive timely updates on legislative developments that may impact the dietary supplement industry at both the state and federal levels," shared Craig Muckle, Senior Director, Communications, CRN. "The Committees hold regular meetings where we can collaborate with one another on efforts related to various bills and legislative initiatives.
"We also use these updates as a 'call to action' when the need arises. For example, when a bill (or even an amendment) is introduced that would adversely impact the industry, CRN will often send template letters of opposition for our members to deliver to the appropriate legislators. Conversely, if we support proposed legislation, we will ask members to contact their local representatives to assist with advocacy efforts.
"CRN holds a legislative fly-in (Day on the Hill) in Washington, DC, which provides our members the opportunity to meet in-person with elected officials and their staff members to discuss topics critical to the industry. These meetings also show policymakers how issues related to dietary supplements affect their districts/constituencies. We announced at our September Board Meeting that CRN’s Day on the Hill will take place on June 11, 2025. We have already received commitments from our members that they will participate.
"During Congressional Recess periods, CRN encourages its members to schedule meetings with their elected representatives and invite them to visit their facilities to learn more about the industry. This effort, which we refer to as 'Day in Your District,' involves CRN providing members with tools and resources—such as meeting request templates, talking points, and other background documents—to ensure that they are able to connect with the local policymakers who represent them."
On challenges members face in mounting and sustaining advocacy efforts:
"Due to the size and scope of our industry, it can be difficult for member companies to keep track of the sheer number of policy proposals that directly or indirectly impact dietary supplements," Muckle said. "CRN helps fill that void by monitoring issues relevant to the industry through both legislative tracking and collaboration with external organizations. In doing so, we ensure that members are informed of relevant legislation and, more importantly, act as a vehicle for their advocacy efforts."
On the most important factor in improving industry advocacy efforts:
"Coordination and consistent messaging among all stakeholders [is needed] so that the dietary supplements industry speaks with a united voice where possible," Muckle said. "CRN has long played an integral role in aligning different companies/groups to achieve desired advocacy outcomes."
American Herbal Products Association (AHPA):
On the tools AHPA provides to members to help them advocate:
'In a time of increased scrutiny on our products and greater fragmentation of interests, the dietary supplement industry’s ability to protect the interests of consumers, businesses, and the broader health community depends on how effectively we make our collective voice heard," shared Michael McGuffin, President, AHPA. "For our part, AHPA maintains well-established relationships and regularly meets with regulators, lawmakers, and other stakeholders on matters impacting our members and the wider dietary supplement industry. Our longstanding relationships with these stakeholders allow us to communicate the regulatory challenges and concerns that our members share so that we may represent their interests on Capitol Hill, in State houses, and over boardroom tables. Sometimes our advocacy is formal and highly visible—comments, testimony, lobbying letters, and litigation—but every bit as critical is the ability to pick up the phone and informally seek an answer or to change a mind.
"We ensure a constant flow of feedback through our emailed updates and alerts as well as through regular meetings of our standing committees, where members help set the agenda and staff liaisons introduce potential future concerns they observe in the broader community. AHPA members know that they can reach out to us directly, a reflection of our openness to receiving their crucial input. We also host in-person and virtual events that serve as forums for members and nonmembers to discuss challenges they face or opportunities they identify.
On the most important factor in improving industry advocacy efforts:
"As much as our members value AHPA’s independent advocacy efforts, we acknowledge that collaboration among dietary supplement trade associations is often essential to effectively serve the industry," McGuffin said. "By working together, we can amplify our collective voice and present a stronger front when engaging with regulators and lawmakers. Of course, even when collaborating with each other, trade associations may have differences in opinion on priorities and approach. Even so, it’s always in the interest of our members to keep channels open and seek opportunities for coordinated advocacy and messaging. An example of this approach is our Dietary Supplement Access Coalition, which has been working to address the recent wave of state bills seeking to ban the sale of sports nutrition supplements to minors. Meetings of this group are also attended by nonmember retailers, manufacturers, and representatives of the other trade associations; even where the attending trade associations take different positions, providing a forum for the steady flow of information helps all of us represent our constituencies more effectively.
"Ultimately, effective advocacy often involves both formal, collective action and smaller, informal contacts that, together, benefit the entire industry. At AHPA, by taking a flexible, transparent approach, we’re able to meet the advocacy needs of our members in a broad range of situations and keep our focus on getting the results they need. We are proud of the work we do to represent our members, but we recognize the power of collaboration with other trade associations to drive meaningful change. By uniting our voices and working together, we can better protect the interests of our industry, ensure a favorable regulatory environment, and safeguard consumer access to the high-quality dietary supplements they trust. We encourage all our members to stay engaged and contribute to this critical work."
Consumer Healthcare Products Association (CHPA):
On the tools CHPA provides to members to help them advocate:
“CHPA’s state team monitors and actively engages with all 50 [State] legislatures and regulatory bodies within them and provides our member companies with information and frequent updates surrounding policies that might affect the consumer healthcare product industry," shared Carlos I. Gutiérrez, CHPA VP of State & Local Government Affairs. "Our work is driven by a commitment to ensuring consumers continue to have the ability to make informed decisions about their health, with access to the products they trust. In addition to our Washington, D.C. based team, we have consultants stationed in several state capitals across the country for quick reaction to legislative and regulatory proposals.
"We also interface with all of the major external public policy groups focused on state officials and their members, including the National Conference of State Legislatures (NCSL), Council of State Governments (CSG), Attorneys General Alliance (AGA), State Legislative Leaders Foundation (SLLF), National Governors Association (NGA), and many more. These relationships have helped bring attention to the important role consumer healthcare products play in our overall healthcare system. For example, this year, CHPA partnered with the governors of Maryland, West Virginia, Massachusetts, Colorado, Vermont, and Mississippi to secure official state proclamations recognizing International Self-Care Day. This initiative expands upon the foundation laid by 29 other states that have previously passed resolutions acknowledging the significance of self-care through the designation of a self-care month. These collective efforts highlight to our members the growing recognition of self-care as a key aspect of healthcare in the United States and why our work at the state level is so critical when it comes to advocating against restrictive regulations or proposals that would create access barriers for consumers.”
Marc Schloss, CHPA VP of Federal Government Affairs, added, “On the federal level, CHPA’s primary focus is advocating for policies that protect and promote access to consumer healthcare products, including dietary supplements, and keeping our members updated on these issues. On Capitol Hill, our team is consistently working to educate lawmakers about the critical role these products play in public health while emphasizing the importance of maintaining consumer choice. We work in tandem with our member companies to meet with Members of Congress and congressional staffers to discuss the regulatory landscape affecting these products and advocate on behalf of policies that support innovation and reduce barriers that restrict access. For example, this month, our President and CEO Scott Melville will speak with congressional staffers and members of the Congressional Dietary Supplement Caucus on CHPA-backed legislation that would allow consumers to use their HSA/FSA accounts to purchase the supplements they use daily to support their overall health and wellness. We also attended an event in September with our members on behalf of the SHOP SAFE Coalition to advocate on behalf of policies such as the SHOP SAFE (Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce) Act, which aims to protect consumers from unsafe counterfeit goods by incentivizing online marketplaces to adopt best practices for screening sellers. Our association is also part of the Buy Safe America Coalition and has supported previous congressional efforts to curtail the sale of counterfeit and stolen goods online such as the INFORM Consumers Act, which was signed into law in June 2023.”
On challenges members face in mounting and sustaining advocacy efforts:
“As the self-care industry continues expanding beyond traditional dietary supplements to include an array of wellness products and personalized nutrition, innovation is certainly driving consumer demand for these products, but not without regulatory uncertainties," said Gutiérrez. "The rapid evolution of the self-care landscape presents its own set of challenges that can sometimes complicate advocacy efforts at the state level. The dietary supplement industry faces a significant hurdle: growing state-level efforts to regulate a domain typically overseen by FDA. As long as FDA is perceived as not moving fast enough in adapting to this rapidly changing sector, states are likely to continue attempting to preempt federal authority, aiming to provoke a response from the Agency.”
On the most important factor in improving industry advocacy efforts:
“Active participation is crucial for effective advocacy," Gutiérrez stressed. "The saying 'you're either at the table or you're on the menu' aptly describes this principle. When organizations fail to engage directly with lawmakers and officials, they risk policymakers making decisions without a full grasp of critical issues. State legislators grapple with a diverse array of topics. Therefore, industry education on complex matters is vital, especially when specialized bills are rapidly developed in isolation. Being present in these discussions significantly enhances the chance to shape outcomes that benefit all consumers. CHPA consistently engages with lawmakers, offering sensible proposals. This proactive approach aims to prevent reactive policies that often neglect practical implications."
Schloss added, “As we mark the 30th anniversary of DSHEA, it serves as a reminder to consider the potential benefits of updating current regulations to ensure a federal framework that meets the needs of today’s marketplace and strengthens industry positions against a patchwork of state laws. One component that has been discussed by lawmakers for decades is mandatory product listing (MPL). If MPL was required for supplements, consumers, lawmakers and responsible manufacturers could benefit. And while MPL is a good first step, CHPA supports a more comprehensive approach that cracks down on illegal activity and better protects consumers. With that said, when it comes to promoting consumer safety and enhancing public health, CHPA and our members understand that alignment is a critical factor in improving industry advocacy efforts. Our federal government affairs team strives to reach common ground with our industry trade groups because alignment helps foster a stronger, clearer, and a more focused advocacy strategy, which increases the likelihood of legislative success on behalf of the consumers our manufacturers serve.”
SENPA
On the tools SENPA provides to members to help them advocate:
Advocacy History: "SENPA has always been the independent leader who traveled to Capitol Hill to lobby for the industry," Short said. "We have engaged in state advocacy efforts for retail business and most recently hosted state legislative store visits in Florida.
Industry Partnerships: "SENPA continues to maintain strong industry trade association and trade media relationships by aligning with like-minded partners to bring the current topics that are critical to both our retail and supply membership."
An Advocacy Website: "SENPA secured SOSsupplements.org, a website platform which allowed our membership and their consumers the opportunity to communicate directly with members of Congress. Most recently we involved our members in the consideration of the SNAP program in the Farm Bill, advocating for the inclusion of Vitamin D as an essential nutrient to the program. Further, we provided critical scientific studies supporting our request in any final legislation."
SENPA-Hosted Advocacy Webinars. "On August 20, 2024, SENPA hosted 'United for Change: The Impact of DSHEA and the Future of the Natural Products Industry,' which underscored that 'the voice' of the independent retailer was vital in the passage of DSHEA. Another key component of the webinar was focused on the need to educate a new generation of natural products retailers and manufacturers on the origins and legacy of DSHEA. Insights were shared from retailers who played pivotal roles in its development and implementation of the final version of DSHEA. The event served to rekindle the collaborative spirit that characterized the industry’s response to legislative challenges and explore ways to unite against future legislative attacks on our industry."
On challenges members face in mounting and sustaining advocacy efforts:
"One consistent discussion from members involves social media platforms," Short shared. "With social media pushing exaggerated information to followers/consumers, our membership relies on truthful information that is shared with their customers – which we provide on an ongoing basis. SENPA has for over 65 years provided our membership with an upper edge to communicate concerns and provide information to counter the misinformation be disseminated."
On the most important factor in improving industry advocacy efforts:
"There are two important factors," Short explained. "First, identifying our 'Legislative Champions' for the industry in both our states and nationally. In years past, industry has resonated a strong unified voice within our trade associations. Fortunately, we had bipartisan support for our critical issues, including not only the Coalition to Preserve DSHEA, but also associations who defended the industry and supported the efforts of their membership. We need to both continue to support those 'Champions' again, and to add 'more Champions' who will fight for the future. Second, 'Communication' with the next generation of our industry is critical. SENPA has engaged a group of over 20 key leaders in retail, supply, broker, and educators. Our 'Emerging Leaders in Natural Council' recently celebrated their first year at SOHO Expo 2024. These are the leaders and communicators who will embrace our ongoing advocacy efforts and challenges and provide the vision for addressing and representing the voice for SENPA and the entire industry."
Organic & Natural Health Association
On the most important factor in improving industry advocacy efforts:
"The 1994 passage of DSHEA was remarkable," said Karen Howard, CEO, Executive Director. "The well-funded campaign, with an army of ‘local’ businesses, a bevy of legislative talent, and Congressional champions, and a highly motivated assemblage of humans, resulted in what may have been one of the most successful campaigns in the last 30 years. I am compelled to add, as a special education major and former Hill Staffer, the passage of the Americans with Disabilities Act in 1990 is way up there, too. Times have clearly changed; passage of either could be impossible today. Why? Lawsuits and lip service can’t compete with the corporate influences we are now up against. Our only hope? People. Our last and best weapon. It can’t be about a 'threat to an industry.' This time, it’s a threat to the health of our children, aging parents, and the next generation. We must stand up for quality, call out fraudulent actors, and always speak to the future through quality education campaigns. Organic & Natural Health Association’s 2020 consumer education campaign was all about vitamin D3, omega-3, and magnesium, warning consumers against gas station supplements for weight loss, sports performance supplements, and bogus CBD products. What can we do to affect change? Screw economics. As we used to say, 'It’s the people, stupid.'”
Industry Transparency Center (ITC):
On ITC's role in industry advocacy efforts:
"We’re a bit of a non-traditional association," said Len Monheit, ITC CEO. "Our advocacy has been more internationally, both in Canada as well as part of IADSA, essentially, the International Association of Dietary Supplement Associations. However, domestically, it’s about fair and reasonable regulations and appropriate enforcement as per DSHEA."
On the most important factor in improving industry advocacy efforts:
"When it comes to advocacy, one of the challenges we have as an industry is the transfer of institutional knowledge," Monheit says. "When the owner/operator sells to pharma or private equity, the new management that is brought in doesn’t understand what has been hard fought, and often doesn’t even understand how important advocacy and Hill efforts are. We as an industry have got to transfer knowledge better."
American Botanical Council (ABC)
On ABC's role in industry advocacy efforts:
"One of ABC’s key areas of activity is advocacy for authentic, properly identified and accurately- and responsibly labeled botanical and fungal ingredients in the global marketplace for natural health products. This is done primarily via the ABC-AHP-NCNPR Botanical Adulterants Prevention Program (BAPP), where our partners are the nonprofit American Herbal Pharmacopoeia, the publisher of the most extensive monographs on herbs in commerce, and the National Center for Natural Products Research at the University of Mississippi, the USFDA-funded center of excellence for the analysis of botanical dietary ingredients and finished dietary supplement products and the development of laboratory analytical methods for such. To date (Oct 2024), BAPP has published 90 peer-reviewed documents, all of which are available to anyone in the world on a free-access basis on the BAPP page on the ABC website.
"One of BAPP’s most significant areas of advocacy for botanical supply chain authenticity is the BAPP Best Practices SOP for the Disposal/Destruction of Irreparably Defective Articles. This best practice, produced by experts in regulatory law and quality control, and finalized after two rounds of public comment, helps protect consumers from products that may contain adulterated and/or contaminated ingredients that are either substandard and thus probably ineffective, or, in some cases, possibly unsafe. The BAPP SOP empowers responsible members of the herb and DS industries (and those in cosmetics and other consumer products) to be able to manage their supply chains in such a way as to remove and destroy any ingredient or finished product that is deemed by appropriate analytical testing to be “irreparably defective” that is, not able to be lawfully reconditioned or repaired for its intended use anywhere. To date various industry trade associations and responsible members of the industry, in the United States and internationally, have endorsed and adopted the BAPP SOP, and Informa has chosen to include it as a voluntary standard for all exhibitors of its SupplySide trade shows.”
"Responsible members of the herb and dietary supplement industry in the U.S. and other countries utilize ABC and BAPP publications in the development of their technical specifications for authentic botanical ingredients. Trade organizations and others cite ABC publications in their formal communications to government regulatory bodies, communications in media, et al.
"ABC’s role as an advocate for a responsible use of herbs and medicinal plants is to act in the role of an ‘herbal medicine think tank’ that helps to provide authenticity and credibility to the global botanical medicine agenda and related communities." WF
