CRN challenges preliminary injunction decision in age-restriction case for dietary supplements

09 Jul 2024 --- The Council for Responsible Nutrition (CRN) has filed its appellate brief in the US Court of Appeals for the Second Circuit challenging a New York federal district court’s denial of its request for a preliminary injunction in its lawsuit against the recent state law that imposes age restrictions on the sale of certain dietary supplements.

The brief is part of an interlocutory appeal initiated by CRN, even as the original action continues to progress at the district court level, to address critical issues with the district court’s interpretation of the New York law’s constitutionality, particularly around the First Amendment and the law’s vague language.

The association outlines several concerns with the lower court’s preliminary injunction decision as the basis for the appeal. Regarding First Amendment issues, CRN contends that the district court erred in determining whether the law infringes on those rights and whether the infringement is constitutional.

Vague wording cited
Further to First Amendment issues, CRN’s brief raises concerns that the district court did not meaningfully address their arguments about how the law burdens speech and must be analyzed for constitutionality.

The association also contends that the district court erred in its analysis of whether the law was unconstitutionally vague, both in the standard it used to assess whether the law had to be vague “in all applications” for CRN to be able to bring a challenge and the court’s conclusory statement that the “plain language of the Statute is uncompromisingly clear.”

“Our decision to pursue this appeal underscores our commitment to protecting the rights of our members and the consumers they serve. The New York law is a misguided approach that will not address the complex issue of eating disorders but will instead hinder access to truthful information and products that support health and wellness,” says Steve Mister, president and CEO of CRN.

CRN’s appellate brief also addresses concerns with the district court’s decision regarding whether the law is preempted by the Federal Food, Drug and Cosmetic Act. The Act already provides a comprehensive regulatory framework for dietary supplements, ensuring their safety and accurate labeling.

Right to receive information
The lawsuit, filed in March, seeks to enjoin the enforcement of the New York law, which CRN argues infringes on constitutional rights to provide and receive truthful health information by unnecessarily restricting consumer access to beneficial dietary supplements.

According to the association, it does so without achieving any demonstrated health benefits or public safety ends. Despite a federal district court denying a preliminary injunction in April, CRN remains committed to the legal challenge.

“This case is pivotal not only for our industry but for the protection of commercial speech and the right to communicate truthful information across a broad range of lawful products. We are confident in the strength of our arguments and remain determined to see this law overturned,” says Megan Olsen, SVP and general counsel of CRN.

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