Tips from New York State Division of Consumer Protection

The New York Department of State’s Division of Consumer Protection is warning consumers to take precautions when selecting vitamins and dietary supplements. Unlike over the counter or prescription medications, dietary supplements may be sold without any pre-market review by the U.S. Food and Drug Administration (FDA), leaving the product’s safety and efficacy in the hands of the companies that sell them. 

As a result, these dietary supplements may include unsubstantiated claims that they can keep you from getting sick, boost your mood, help you sleep and more. According to the FDA, there were as many as 100,000 different products available to consumers in 2024, up from just 4,000 products in 1994. Additionally, approximately 75% of Americans take some form of supplement. This increased market demand for vitamins and dietary supplements is being driven by a larger focus on health, wellness and prevention among consumers.

“Summer is right around the corner, and wellness is on everyone’s mind as consumers look to take control of their health,” said Secretary of State Walter T. Mosley. “While it’s easy to assume that all health and wellness products on the shelves or purchased online are safe and effective, that’s not always the case, especially for dietary supplements. Supplements and vitamins may be beneficial for certain purposes and individuals, but consumers should always be cautious and do research before purchasing or taking these products.”

State Health Commissioner Dr. James McDonald said, “While seemingly offering miracle solutions, unregulated supplements can be quite harmful to your health. Speak to a health care provider before reaching for any unregulated supplement and remember that whole foods can more often than not provide everything we need to fuel our bodies.”

BUYER BEWARE
Dietary supplements are not required to be subjected to premarket testing, clinical trials, and FDA approval in the same way that over the counter and prescription medications are and can be sold without the FDA ever knowing they are on the market. Reports of labeling violations related to dietary supplements are common and there have been reports of:

• inclusion of potentially harmful ingredients,
• counterfeit and fake supplements sold online, and
• deceptive advertising and communication strategies by some companies.

RISKS ASSOCIATED WITH THESE TRENDS
Parents and caregivers should know that teenagers using dietary supplements to lose weight, gain weight or build muscle could be putting themselves at risk for serious harm.

New York State law prohibits the sale of weight loss or muscle building supplements to minors. In 2024, New York became the first state in the nation to pass a law of this kind. This law went into effect in April 2024 and aims to protect young people from potential risks associated with these products. 

TIPS FOR CONSUMERS BUYING VITAMINS AND DIETARY SUPPLEMENTS:

Research and Verify:

• Only buy products that have been independently tested to verify label accuracy: Manufacturers can opt to allow third-party testing of products for ingredient quality, label accuracy and purity of raw material. This testing may help consumers verify that the product contains the ingredients as listed, accuracy of dosage and that there are no harmful additives. To confirm if a supplement is third-party tested, consumers can look for a certification stamp displayed on the label from the certification company. Choose brands labeled with the NSF International, US Pharmacopeia, Underwriters Laboratory or Consumer Lab seal. For more information, please review the NIH’s Fact Sheet for Consumers.
  
  
• Look into evidence of efficacy and safety from scientific review: While third-party reviewers help confirm the product is what it claims to be, they do not evaluate the truthfulness of health claims companies make about their products. The National Institute of Health’s Office of Dietary Supplements and The Academy of Nutrition and Dietetics are credible sources to learn more about the scientific evidence that exists regarding the benefits of certain substances.

Beware of Potentially Unsafe Products, Counterfeit or Misleading Claims:

• Unsafe Products: Laboratory testing has found that many products sold online contained various undeclared active ingredients; others were removed from the market for serious safety concerns. If you are thinking of buying a product, talk to your doctor first. Ask your doctor for help in identifying reliable and credible information about dietary supplement products.
  
  
• Beware of misleading and false claims: Watch out for labels that claim to prevent, treat, cure or diagnose a disease, as those claims are prohibited and may be false or misleading.

Consult a Healthcare Professional:

• Consult a physician if you are on any other medications: Some supplements can interfere with the effectiveness of medications or have harmful side effects when combined with prescription medication.
  
  
• Know your dosage: Read the ingredients label to make sure the nutrients meet the recommended amount and do not exceed upper limits. Search for a government Dietary Reference Intake (DRI) calculator online that can help you find the right amount for someone your age, gender and size.
  
  
• Consult the FDA’s Health Fraud Database: The FDA regularly updates its Health Fraud Database with a list of unapproved products subject to FDA health fraud violations. These products have been cited in warning letters, online advisory letters, recalls, public notifications and press announcements for issues varying from products marketed as dietary supplements claiming to cure, mitigate, treat or prevent disease, to the use of undeclared ingredients or new dietary ingredients.

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The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.