Washington, DC—On April 2, the New York State Division of Consumer Protection issued CONSUMER ALERT: New York Department of State’s Division of Consumer Protection Warns Consumers to Take Precautions When Purchasing Vitamins and Dietary Supplements. In the consumer alert, New York Secretary of State Walter T. Mosley warned: “Summer is right around the corner, and wellness is on everyone’s mind as consumers look to take control of their health. While it’s easy to assume that all health and wellness products on the shelves or purchased online are safe and effective, that’s not always the case, especially for dietary supplements. Supplements and vitamins may be beneficial for certain purposes and individuals, but consumers should always be cautious and do research before purchasing or taking these products.”
State Health Commissioner Dr. James McDonald added, “While seemingly offering miracle solutions, unregulated supplements can be quite harmful to your health. Speak to a health care provider before reaching for any unregulated supplement and remember that whole foods can more often than not provide everything we need to fuel our bodies.”
NPA Sets the Record Straight on Dietary Supplement Safety
The Natural Products Association (NPA) responded by condemning certain portions of the consumer alert, noting that tt falsely states that dietary supplements are “unregulated” and suggests that many products may be unsafe. NPA explained that the New York advisory "flatly ignores the landmark bipartison legislation passed by Congress and signed into law by President William J. Clinton in 1994, the Dietary Supplement Health and Education Act (DSHEA)." NPA added that, among other important consumer protections, DSHEA:
- Requires manufacturers to ensure product safety and truthful labeling before reaching consumers.
- Established the extensive regulatory and oversight regime overseen by the U.S. Food and Drug Administration (FDA) to ensure consumer safety.
“The claim that dietary supplements are unregulated is simply false, and top New York health officials should know better,” said Daniel Fabricant, Ph.D., NPA President and CEO. “The FDA maintains a rigorous system to ensure that what’s on the label is in the product and that these products meet strict safety standards which includes a premarket notification process. There are also severe fines, penalties and, jail time for bad actors who break the rules, sell adulterated products, or make false claims. I know, because I used these authorities when I was the Director of Dietary Supplements for the FDA in the Obama Administration.”
Dr. Fabricant noted that millions of Americans safely use nutritional supplements each day as part of a balanced and healthy lifestyle. "If there were issues with the safety of our supplements supply, which is the safest in the world, we would know about them immediately. Vitamins and proper nutrition are far safer than the opioid crisis that has devastated our country and cut millions of lives short."
There are important parts of the advisory that NPA agrees with, Dr. Fabricant added. "People considering supplements should consult with their doctor or caregiver. They should be wary of suspicious online marketers who make wild claims. But they should also be confident that America has the safest supply of natural products on the planet. We call on the New York Department of State to retract or revise this misleading alert and provide accurate, science-based information regarding dietary supplements. Consumers deserve the truth—not fearmongering based on incomplete or inaccurate claims.”
Key Facts on Dietary Supplement Regulation.
NPA outlined the following aspects of dietary supplement regulation and safety protocols:
Strict FDA Oversight
Dietary supplements are regulated under DSHEA, requiring manufacturers to ensure product safety and truthful labeling before reaching consumers.
Good Manufacturing Practices (GMPs)
The FDA enforces Current Good Manufacturing Practices (CGMPs) to guarantee quality, purity, and accurate ingredient labeling, reducing the risk of contamination and misrepresentation.
Adverse Event Monitoring
The FDA’s adverse event reporting system ensures that any safety concerns are promptly investigated and addressed.
Independent Testing & Compliance
Supplement companies voluntarily undergo third-party testing to further validate ingredient accuracy and purity, demonstrating an industry-wide commitment to transparency.
Fines and Penalties
Failure to adhere to FDA guidelines can result in warning letters, required advertising corrections, product recalls, fines, facility shutdowns, and other enforcement actions.
In conclusion, NPA said the New York Department of State’s advisory "mischaracterizes this well-established regulatory process, creating unnecessary fear and confusion for consumers who rely on dietary supplements for their health and well-being. Misinformation like this undermines consumer confidence in a market that is already held to rigorous safety and quality standards. The FDA has more than enough tools at their disposal to determine who can be producing these supplements, where they can sell them, and what ingredients can be used, so that the products made by dietary supplement companies are safe for consumers."
