Federal Regulatory Snapshot for Dietary Supplements (2026)

Proposed Bills: Important, but Not Current Law

MAHA: What Has Actually Happened

The Make America Healthy Again (MAHA) movement is the single biggest force reshaping supplement regulation in 2026. But separating concrete agency actions from political messaging takes work. Here is what has actually moved.

FDA 2026 Priority Deliverables (published January 2026)

The FDA's Human Foods Program published its 2026 priority list, and two items stand out for supplement operators:

• •GRAS reform: a proposed rule would require mandatory notice of self-affirmed GRAS substances. A draft rule was sent to OMB in December 2025. If finalized, this could significantly restrict GRAS self-affirmation, potentially limiting companies' ability to declare their own ingredients as "generally recognized as safe" without FDA notification.
• •NDI guidance: FDA committed to releasing final guidance on safety and identity information required for NDI notifications. This has been in draft form for years, and a final version would clarify what evidence manufacturers actually need to submit.

Concrete actions taken so far

• •Red No. 3 formally revoked by FDA (January 2025), with a reformulation deadline of January 2027 for foods. The remaining synthetic food dyes (Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3) are part of a voluntary industry phase-out that FDA and HHS announced in April 2025 with an end-of-2026 target. As of mid-2026 that phase-out remains voluntary; no binding rule sets the 2026 deadline.
• •The Dietary Supplements Access Act (companion bills introduced in the House and Senate in May 2026) would let HSA and FSA funds reimburse certain supplement purchases, and industry groups are lobbying to include supplements in SNAP and WIC. None of these proposals has become law.
• •$234.6 million was requested for MAHA priorities in the FY2026 President's Budget for the FDA Human Foods Program (FDA FY2026 budget summary). This is the administration's request figure, not a final congressional appropriation.

State-Level Regulation: The Growing Patchwork

While federal bills move slowly, states are moving on their own supplement restrictions. The most active area is age restrictions on sales of weight loss and muscle building products to minors. One state has already enacted such a law.

• •New York enacted the first such law (General Business Law Section 391-oo). Signed in 2023 and effective April 22, 2024, it bans selling over-the-counter weight loss and muscle building supplements to minors under 18. If you sell these products, you are already subject to it in New York.
• •California's AB 1341 passed the legislature but was vetoed by Governor Newsom, so California has no such law in force.
• •In 2026, Hawaii (SB 2106) and Rhode Island(S 2774) introduced their own age-restriction bills. Hawaii's cleared an initial committee. Neither has become law.
• •Similar measures have been introduced in other states, including Massachusetts and New Jersey.

The Natural Products Association (NPA) has publicly stated it is "redoubling efforts" to defeat age restriction bills at the state level. The federal H.R.7366 bill (covered above) would preempt these state restrictions if it passes, but that bill remains in committee. Until it advances, brands selling weight management or sports nutrition products should track legislation in their key sales states.

Sources: SupplySide (2026), NutraIngredients (March 10, 2026)

Enforceable Federal Baseline Right Now

FTC substantiation rules

FTC's Health Products Compliance Guidance remains one of the clearest primary sources for supplement advertising risk. FTC says marketers need competent and reliable scientific evidence for health-related claims, and the agency's 2023 notice campaign warned approximately 670 companies that unsupported claims can trigger penalties if prior notice doctrines apply.

FTC penalty exposure

FTC's 2025 inflation adjustment raised the relevant maximum civil penalty to $53,088. That is the current figure to cite for 2026 as well: OMB memo M-26-11 (April 2026) cancelled the 2026 inflation adjustment, so agencies carry the 2025 amounts forward. The older $50,120 amount from 2024 still appears in many third-party summaries. The maximum applies to violations under Sections 5(l) and 5(m) of the FTC Act (order violations, knowing rule violations, and penalty offenses), not automatically to every first-time deceptive claim.

FDA structure/function claim rules

FDA's structure/function claims page remains the primary official reference for supplement claims basics. In general, a dietary supplement may use structure/function claims if the claim is truthful and not misleading, the required FDA disclaimer is used when applicable, and the manufacturer notifies FDA within 30 days after first marketing the product with that claim. The binding regulation, 21 CFR 101.93(c)-(d), still requires the disclaimer to appear on each panel or page where a structure/function statement appears, placed adjacent to the statement or linked to it with a symbol such as an asterisk. Trade-press reporting in December 2025 (NutraIngredients) described FDA enforcement discretion on repeating the disclaimer on every panel, but that reporting is secondary, has not been confirmed in any FDA rule or guidance we could locate, and does not change the regulation's text. Brands should follow 101.93 as written and confirm any relabeling decision with regulatory counsel.

Amazon as a de facto regulator

In December 2025, Amazon expanded its cGMP documentation requirement to all supplement categories sold on the platform. Multiple independent trade sources confirm the change: NutraIngredients (December 22, 2025), AHPA, Certified Laboratories, and EAS Consulting Group. While this is not federal law, it reaches a large share of supplement sellers because Amazon is a primary sales channel. Brands that sell through Amazon should treat cGMP documentation as a baseline operating requirement, not an optional checkbox. For a detailed walkthrough, see our Amazon supplement compliance guide.

What This Guide Does Not Treat as Settled Fact

• •Unverified monthly warning-letter trendlines that are not grounded in current FDA primary-source counts.
• •Speculative MAHA forecasts beyond the concrete actions and published FDA priorities documented above.
• •Older FTC penalty figures that were superseded by the 2025 inflation adjustment.

Primary Sources Checked

Source check completed on 2026-04-10. Re-check before using this page for a board memo, investor update, or legal compliance decision.

• Congress.gov, S.3677: Dietary Supplement Listing Act of 2026
• Congress.gov, H.R.8370: Dietary Supplement Listing Act of 2026 (House companion to S.3677)
• Congress.gov, H.R.7366: federal preemption bill affecting state supplement restrictions
• FTC, Inflation-Adjusted Civil Penalty Amounts for 2025
• FTC, 2023 Notice to Almost 700 Marketing Companies About Substantiation
• FTC, Health Products Compliance Guidance
• FDA, Structure/Function Claims
• FDA, Human Foods Program 2026 Priority Deliverables
• FoodNavigator-USA, FDA and USDA staff cuts raise food safety risks (February 2026)
• SupplySide, State overreach poses supplement industry threat
• NutraIngredients, NPA outlines policy challenges (March 10, 2026)
• FDA, FY 2026 President's Budget Summary
• eCFR, 21 CFR 101.93 (structure/function claim disclaimer placement)