US State News

California Senate Appropriations Committee suspends consideration of bill for current session after it and Judiciary Committee voted to recommend passing the bill earlier in session. Legislative sessions continue in Massachusetts and New Jersey with bills for similar restrictions.

“Science is pretty evident that there's no connection between supplement use and eating disorders,” says NPA’s Kyle Turk. “CRN continues to raise fundamental concerns about what benefit the bill offers,” says CRN’s Steve Mister.

CRN gained approval of motion for expedited briefing when it notified Second Circuit it would appeal District Court for Southern New York’s ruling against its motion for preliminary injunction against state law prohibiting sales to minors of supplements and OTC drugs containing ingredients labeled or promoted for weight loss and bodybuilding.

Senate committee amends bill to lower to $250 the largest civil penalty for violations; exempt retail clerks from “disciplinary action or discharge by the retail establishment” related to violations; and make changes to state’s Health and Safety Code effective in January 2026.

Ag committee members in 23 May markup likely to broach topic of delta-9 THC limit for hemp. Since hemp was de-scheduled in 2018, cannabinoids other than delta-9 but with psychoactive effects have become leading sales drivers. “Most states now have legal marijuana programs, they just don't know it,” says cannabis industry attorney.

Court ruling that state’s restrictions “may very well regulate protected speech”’ allows CRN “to move forward on the merits of the case,” says CEO Steve Mister. CRN’s allegations “plausibly support the inference that the [restriction] might very well regulate protected speech,” judge writes.

The regulation “is clear, as is the Court’s order” rejecting CRN’s motion for preliminary injunction against imposition of the regulation, says US district Judge Andrew Carter in order denying the trade group’s request for clarification of New York regulation.

CRN’s request for clarification, as it continues litigating complaint in US District Court for Southern New York, highlights what it contends is vague and overly general language in the legislation passed in October with a 22 April effective date.

Federal judge finds “misreading of the legislation” in CRN’s argument that state “restricts access based purely on what has been said about the product or its ingredients.” But standing to challenge “means that only CRN is positioned right now to go before the court on behalf of industry,” says CEO Steve Mister.

Southern New York district judge rejects CRN’s arguments to block regulation from taking effect, but agrees with trade group and its members that they have standing to challenge the regulation. CRN complaint challenging law will continue in the district court.

Without FDA regulatory pathway for hemp’s lawful use in supplements and food, some states are imposing more-stringent regulations while others allow sales of intoxicating ingredients not considered controlled substances as hemp derivatives.

US Cannabis Council says farm bill reauthorization is “key opportunity to tackle the national crisis caused by unregulated intoxicating hemp products” by limiting the variety of hemp derivatives which qualify as de-scheduled.

Absent showing members would be harmed, neither CRN nor NPA has standing to challenge or to request emergency hold on law the state’s lawmakers passed and governor signed in October, argue attorneys on staff of New York Attorney General Letitia James.

Trade group’s lawsuit filed 13 March in New York alleges NY General Business Law 391-oo, which the state legislature enacted in October 2023 with 22 April effective date, violates US Constitution’s First and 14th amendments plus corresponding articles of the state’s constitution.

The United Nations treaty on plastics pollution, considered ‘the most important climate deal since Paris,’ stands to have a direct impact on the cosmetics industry, potentially by targeting intentionally added nano-plastics in addition to microplastics in cosmetics, says attorney Melissa Kopolow, who spoke at the Personal Care Products Council’s annual meeting in Miami on 27 February.

CRN lists annual “economic output” for each state and each congressional district as well as for the country, more than $158.6bn. It defines economic output as general measurement representing “the value of industry production for the year calculated in terms of producer prices.”

As the opening date for sealed bids in the sale of the Federal Helium System looms, AdvaMed asks the White House once again to address concerns about the sale.

New York law crosses so many federal regulations it would also affect Rx drug sales while allowing consumers to file complaints alleging businesses violate the law, NPA argues in complaint filed in federal court in New York City.

NPA argues in complaint that limiting purchases of weight loss and bodybuilding OTC drugs and supplements to consumers 18 and older preempted not only by FD&C Act regulations but also by Commerce Clause of the US Constitution.

“What are retailers going to do? They're either going to put it behind a case or they're going to put it in a pharmacy-only counter where you have to ask for assistance to get it,” says CRN CEO Steve Mister. “Until we have some more insight, we're being over inclusive in terms of what we're including,” says attorney Claudia Lewis.