Recently, the "Dietary Supplement Listing Act of 2026" proposed by US Senator Dick Durbin has reignited a long-standing debate within the natural products industry regarding the role of mandatory product lists in the regulation of dietary supplements. Some industry insiders view the proposal as a transparency-focused update to the existing regulatory framework, but others argue that it would expand the power of the US Food and Drug Administration (FDA), increase costs, and place an undue burden on responsible manufacturers without delivering significant public health benefits.
The bill requires dietary supplement manufacturers, packagers or distributors to submit to the FDA the basic product information already included on the label, such as the product name, ingredient list, usage instructions, allergen statements, etc., as well as the electronic version of the label. The bill instructs the FDA to establish a publicly accessible database while protecting business confidential information and proprietary formula ratios.
The CRN states that the Federal Registry is a tool for increasing transparency, not hindering innovation.
The Nutrition Committee stated that this bill is a milestone for CRN's efforts over the past decade to establish a federal dietary supplement registration system. It retains the existing framework of the Dietary Supplement Health and Education Act but does not authorize the FDA to require pre-market approval for supplements.
"At a time when the government is calling for greater transparency in food production and food ingredients, it is only reasonable to apply the same transparency to the dietary supplement industry," said Steve Mister, president and CEO of the Consumer Healthcare Products Association. "Consumers have the right to know what products are on the market and their ingredients - and the FDA needs this information to effectively carry out its duties."
CRN emphasized that the FDA currently lacks a comprehensive list of dietary supplements on the market and pointed out that a well-designed list system would enable the FDA to better focus its enforcement efforts on unsafe or illegal products rather than compliant companies. CRN also noted that the public supports information transparency and cited a 2019 survey by the Pew Charitable Trusts, which showed that nearly 90% of American adults favor requiring manufacturers to provide product and ingredient information to the FDA.
Mister added, "Establishing a federal registry system is a tool to enhance transparency, not an obstacle to innovation. It is fully in line with the broader transparency goals of this administration, builds consumer trust, and does not restrict access or interfere with responsible manufacturers."
NPA: Americans do not need Washington, D.C. to micromanage their health supplement stockpiles.
"The mandatory product list will not only impose a heavy administrative burden on the industry but also increase the cost of daily health supplements," said Dr. Fabricant. "The senator's proposal will also dampen investment in new dietary ingredients and make it easier for the FDA to adversely affect the supply of legal products on the market based on controversial interpretations of the law rather than safety considerations. NMN is a recent example, which ultimately led to the NPA's action. Congress has established a comprehensive, risk-based framework for dietary supplements under the Dietary Supplement Health and Education Act (DSHEA), but this proposal bypasses the framework entirely by establishing an unauthorized backdoor system. This Trojan horse will give bureaucrats new control over legal products, stifle innovation, and punish companies that invest in new technologies and better health solutions."
Dr. Fabricant further elaborated on the NPA's opposition to the proposal, stating that it "continues the FDA's current fallacy that it cannot easily access label information or the erroneous belief that dietary supplements in the United States are not subject to FDA regulation and strict requirements. These requirements include, but are not limited to, current good manufacturing practices, labeling requirements, adverse event reporting, and safety-related notifications to the FDA for new dietary ingredients."
In addition, Dr. Fabricant pointed out other issues that the industry needs to pay attention to: "The NPA is puzzled that industry advocates have prioritized a mandatory product list at a time when raw material suppliers, finished product manufacturers, and retailers are facing numerous pressing opportunities and challenges. The NPA is always committed to addressing the growing threat of state legislatures restricting and regulating legal dietary supplements, resolving the 'drug exclusion clause' issue in the Dietary Supplement Health and Education Act, expanding consumers' access to scientific products that promote health and well-being, and ensuring that the FDA quickly cracks down on lawbreakers. A mandatory product list not only fails to achieve these goals but in some cases may even be counterproductive."
AHPA stated that there was no clear benefit from public health perspectives.
The American Herbal Products Association (AHPA) also expressed concerns and announced its opposition to the latest version of the Dietary Supplement List Act, noting that it had previously opposed earlier versions of the bill. AHPA stated that while it does not oppose the concept of mandatory product lists in principle, the association believes that advocates have not adequately explained how the current proposal will bring tangible benefits to consumers or effectively enhance the FDA's existing enforcement powers, especially in cases where products are sold as dietary supplements but contain drug ingredients.
The American Herbal Products Association (AHPA) also expressed concern about the impact on small businesses and reaffirmed its support for legal amendments aimed at protecting consumer rights without imposing an excessive burden on responsible producers. Graham R. Lighbody, president and CEO of AHPA, stated: "AHPA is committed to protecting public health and promoting transparency and innovation in the dietary supplement industry. We will continue to communicate directly with the FDA and Congress to develop practical reform measures that enhance accountability and modernize our regulatory framework to meet the needs of today's dietary supplement market and consumers."
