Supplement Sales to Minors: States Keep Restricting. Industry Fights Back.
By HiMiyer.com — March 23, 2026
New York Started It
New York's Dietary Supplements Act took effect in April 2024, requiring that any retailer — including e-commerce businesses shipping into New York — verify that purchasers of supplements marketed for weight loss or muscle building are at least 18 years old. The law applies based on how a product is marketed, not its formulation, meaning a broad range of protein powders, pre-workouts, and fat-burner products fall under its scope.
States Now Moving
In 2026, at least five states are advancing legislation modeled on New York's framework: Michigan, Illinois, Massachusetts, New Jersey, and Hawaii. Hawaii's bill would prohibit outright sales of certain supplement categories to minors, going further than New York's age-verification model. Trade organizations testified against the Hawaii bill during committee hearings, arguing the restrictions lack scientific rationale for the specific products targeted.
What Products Are Targeted
The bills consistently target two marketing categories: weight loss and muscle building. In practice, those terms are drafted broadly enough to capture protein powders, creatine supplements, pre-workout formulas, thermogenic blends, and certain herbal products. There is no uniform definition across states, creating compliance complexity for national brands with a single label.
Legal Challenges: How They Have Fared
The Council for Responsible Nutrition and other industry organizations have challenged these laws in federal court. To date, those challenges have been unsuccessful. Federal courts have upheld states' authority to regulate product sales based on marketing and labeling practices, even when the products themselves are federally legal. The legal theory that DSHEA preempts state-level age restrictions has not prevailed.
The Federal Response
The Dietary Supplement Regulatory Uniformity Act, introduced by Rep. Nick Langworthy in February 2026, is the primary federal legislative vehicle designed to address this patchwork directly. The bill would preempt state restrictions that exceed FDA's own standards. Without it, supplement brands must track and comply with a growing roster of state-specific rules that affect everything from website age-gates to retail shelf placement.
Sources
- Skadden — Key Regulatory and Business Factors Shaping the Supplement Industry in 2026 (Jan. 2026)
- Natural Products Association — State Legislation Tracker (2026)
- Nutritional Outlook — Hawaii Supplement Bill Coverage (Feb. 2026)
