Idaho Legislature Protects Dietary Supplements Like NMN in New Bill

A massive move to protect dietary supplement consumption is currently underway in the Idaho State House.

Representative Jacyn Gallagher has filed House Bill 82, the Idaho Dietary Supplement Act. Due to new FDA regulations, dietary supplements like niacinamide mononucleotide (NMN) will no longer be available in the United States marketplace.

The proposed bill writes, "production, marketing distribution, sale, along with the production, marketing, distribution, sale, and use of dietary supplements shall be legal in the state of Idaho in compliance with applicable federal law and regulations as of July 1, 2022."

Any new regulations imposed by federal institutions like the FDA on dietary supplements after July 1, 2022, will not impact those in the Gem State.

The bill has received praise from organizations like the National Products Association (NPA). The NPA was founded in 1936 and claims to be the largest and oldest nonprofit devoted to the national products industry, which includes dietary supplements.

Director of Government Affairs for NPA, Kyle Turk, praised Gallagher in a press release for her advocacy. Also, he mentioned the growing threat to dietary supplements in multiple states across the U.S.

"In the past few years, we have fought a number of radical proposals in California, New York, Massachusetts, and other states that unfairly and unnecessarily restrict access to healthy nutritional supplements based on claims that are not grounded in science or fact," Turk said. "From banning sales altogether to young people and athletes to requiring warning labels on natural products that are found on grocery store shelves, these proposals would hurt consumers and the businesses that serve them."

The bill is making steady progress through the legislative system, giving it high hopes of becoming law. After advancing through the Idaho Health and Welfare Committee, the bill passed in the house with 51 votes.

HB 82 has now made its way to the Senate, which is under review. The bill will be enacted with "full force" on July 1 due to emergency measures if passed. Gallagher believes the bill is necessary for all Idahoans.

The dietary supplement industry has a storied history in Idaho and Idahoans rely on these products to be a part of their health and wellness routines.

Representative Jacyn Gallagher

HB 82 impact on NMN

NMN is a precursor for nicotinamide adenine dinucleotide (NAD+), a vital compound maintaining energy levels. With aging comes decreased NAD levels, leading to potential cognitive decline, cancer, metabolic disease, sarcopenia, and frailty.

On November 4, 2022, the FDA ruled that NMN was no longer classified as a dietary supplement due to its investigation as a potential new drug. Metro International Biotech is a privately held pharmaceutical company co-founded by NMN advocate and Harvard Professor David Sinclair. The pharmaceutical company is reportedly behind the classification of NMN as a new drug with a proprietary version of B-NMN titled MIB-626.

Retailers have been advised to no longer make NMN available to consumers. Amazon announced in February that it would no longer make NMN supplements available online as of March 13.

The NPA has asked Amazon to restore its sales of the supplement while also accusing the FDA of causing harm in the NMN marketplace. President and CEO of the NPA, Daniel Fabricant, Ph.D., addressed the matter last month

“This latest example of the FDA misinterpretation of the law is wreaking havoc on the marketplace and causing confusion and significant economic harm,” Fabricant said. “This the first time in history that FDA reversed itself on an acknowledgment letter for a new dietary ingredient without a shred of evidence that safety was at risk.”

Fabricant points out that if the FDA can take this action with NMN, more action on other popular dietary supplements may occur. The current dilemma with NMN outlines why legislation like HB 82 in Idaho is crucial to dietary supplement consumers.

Updates of the Idaho Dietary Supplement Act are made available on the Idaho Legislature webpage.

Please be aware that from the fall of 2022 NMN is under an investigation as a potential new drug by the FDA. That puts the legality of the product as a dietary supplement in question. It’s a complicated situation that’s not yet solved. However, it is important to note that since we are not a manufacturer or retailer, we do not take any responsibility for the availability of the product as a dietary supplement after having lost its dietary ingredient status.

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