NPA Fly-in Day 2026: A Battle for Health Freedom and Innovation
The Natural Products Association (NPA) has been a stalwart defender of health freedom and innovation in the dietary supplement industry for nearly a century. As they gather for their annual Fly-in Day, the focus is on several critical issues that could shape the future of the industry. With a mission to protect consumers, support responsible businesses, and preserve the future of natural products, NPA is at the forefront of a battle against overregulation and for innovation.
Preventing Overreach: The Battle Against Mandatory Product Listing
One of the biggest battles NPA is fighting is against the Dietary Supplement Listings Act (S. 3677), reintroduced by Senator Richard Durbin (D-IL). If passed, this law would require supplement companies to register products, labels, proprietary blends, allergen statements, and structure/function claims with the FDA, creating a national database. While proponents argue this would help identify bad actors, NPA categorically states that it would create legal burdens and lawsuits, introduce compliance costs that would hurt smaller businesses, and slow innovation.
"At its core, [mandatory product listing] is not a minor administrative update," NPA argues. "It is a gateway policy that enables the FDA to control which supplements can enter or remain on the market, without scientific evidence, due process, or congressional accountability." NPA members are urging Congress to vote no, advocating for increased FDA enforcement, enhanced coordination against illegal actors, and a focus on real safety risks.
Protecting Innovation: The Drug Preclusion Clause
Another critical issue is the clarification of section 201(ff)(3)(B) of DSHEA, commonly referred to as the "drug preclusion" clause. Originally designed to prevent supplement companies from bypassing the drug-approval system, this provision has been expanded by the FDA beyond Congress's original intent. The FDA has used this clause to remove already-marketed supplement ingredients from the shelves after drug companies begin clinical research on them, creating market uncertainty and discouraging innovation.
"The dietary supplement industry is committed to innovation, safety, and advancing public health," NPA stated. "But without reform to section 201 (ff)(3)(B), companies face an uneven playing field that prioritizes pharmaceutical interests over consumer choice and wellness." NPA is calling for the FDA to clarify the ambiguity surrounding what qualifies as a "substantial clinical investigation" or sufficient "public notice" under the statute, and to create a public registry of investigational new drug (IND) filings.
Promoting Access: Expanding Health Savings Accounts and Flexible Spending Accounts
Expanding Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), and Health Reimbursement Arrangements (HRAs) to cover supplements has been a long-time objective of NPA. Under current IRS rules, most supplements are not automatically HSA/FSA eligible unless prescribed for a specific medical condition or accompanied by a doctor's letter of medical necessity. Expanding the Internal Revenue Code (IRC) to provide access to a wider range of wellness and nutrition products would encourage preventive care and reduce long-term healthcare costs.
"Importantly, Section 213 (d) of the IRC defines 'medical care' to include amounts paid for 'the diagnosis, cure, mitigation, treatment, or prevention of disease' as well as 'the purpose of affecting any structure or function of the body,'" NPA members urged their representatives to sign onto a Dear Colleague letter from Senator Kevin Cramer (R-ND) and Representative Darin LaHood (R-IL).
Ensuring Uniformity: Fighting State-Level Supplement Initiatives
Another priority for NPA is fighting off the steady stream of state-level supplement initiatives, such as restricting supplement sales to minors or requiring warning labels. This effort is now rallied behind the Dietary Supplement Regulatory Uniformity Act (H.R. 7366), introduced by Congressman Nick Langworthy (R-NY) in February. The act aims to establish the FDA as the sole regulator of dietary supplements and prevent states from creating patchwork, conflicting, or additional requirements.
"Governor Hochul's decision to prohibit access to safe and reliable dietary supplements like amino acids, creatine, and other essential nutrients is fundamentally flawed and only hurts consumers," NPA CEO and President Dan Fabricant said. "The FDA data shows there is no connection between the use of dietary supplements, and to ignore the science is a dangerous mistake. NPA will use every lever available, including the courts, to right this wrong."
Conclusion: A Call for Common Sense Regulation
As NPA members gather on Capitol Hill, they are urging Congress to avoid regulation for regulation's sake. Instead, they call for a "common sense" approach to regulation, echoing a refrain heard throughout the day. The battle for health freedom and innovation is far from over, but with NPA at the forefront, the future of the dietary supplement industry looks brighter.
