The Council for Accountable Vitamin (CRN) filed a reply temporary with america Court docket of Appeals for the Second Circuit, calling for a preliminary injunction to halt enforcement of New York’s age restriction legislation on sure dietary dietary supplements.
The submitting responds to the New York State Lawyer Basic’s protection of a decrease court docket’s refusal to grant a preliminary injunction pending an final result of CRN’s litigation asserting the legislation is unconstitutional. The reply temporary argues the Lawyer Basic doesn’t significant tackle the affiliation’s arguments concerning the invoice’s infirmities.
The invoice was signed in October 2023 and went into impact in April 2024, with New York turning into the primary and solely state to ban the sale of weight-loss and muscle-building dietary supplements to shoppers below 18 years outdated.
“This legislation in New York isn’t just an pointless burden on companies, however additionally it is predicated on the unscientific notion that consuming problems are one way or the other attributable to complement utilization, which has been proven to be unfaithful,” stated Steve Mister, president and CEO of CRN. “What this legislation does do, nonetheless, is threatens to restrict shopper entry to merchandise that assist their well being. By specializing in advertising and marketing claims somewhat than the precise elements in these merchandise, the legislation violates free speech rights and will make it more durable for all shoppers, together with adults, to buy protected and useful dietary supplements.”
Megan Olsen, senior vice chairman and normal counsel at CRN, added, “Our reply temporary demonstrates how the New York Lawyer Basic’s arguments to dodge the First Modification reckoning simply don’t maintain up. The legislation is just too broad, lacks proof to assist its claims, and will result in fewer selections, and fewer truthful data attending to shoppers with out truly defending anybody.”
For extra data, go to www.crnusa.org.
