AHPA welcomes introduction of Dietary Supplement Innovation Act

• By: AHPA
• On: 09/10/2026 16:24:44
• In: Regulation / Legislation

Newly introduced legislation modernizes drug preclusion framework to foster innovation and protect consumer access

September 10, 2026

The American Herbal Products Association (AHPA) welcomes the introduction of the Dietary Supplement Innovation Act by Representative Diana Harshbarger (R-TN). This critical legislation clarifies and modernizes the drug preclusion provision of the Dietary Supplement Health and Education Act (DSHEA), establishing greater regulatory certainty while preserving consumer access to safe dietary supplement ingredients.

Ambiguity surrounding the interaction between drug development and dietary supplements has long created unnecessary impediments to industry innovation. This new legislation addresses these challenges by clarifying when drug preclusion applies, ensuring that discontinued or inactive drug development programs do not permanently block ingredients from the dietary supplement market. It also ensures that the U.S. Food and Drug Administration (FDA) can never again attempt to use the provision to remove ingredients that existed in the dietary supplement market prior to DSHEA's enactment. Furthermore, the bill strikes an appropriate balance between protecting pharmaceutical research incentives and allowing consumer access to new dietary supplements, avoiding costly disputes while providing FDA a predictable pathway to resolve issues through an administrative order when appropriate.

“Botanical dietary supplement innovation depends on clearly defined pathways that allow safe herbs and natural products to reach consumers,” said AHPA President & CEO Graham Rigby. “Representative Harshbarger's legislation would help restore the balance Congress intended under DSHEA and better ensure that drug development does not unnecessarily foreclose dietary supplement innovation. AHPA applauds Representative Harshbarger for her leadership and urges Congress to advance this important legislation as a key plank of modernizing the Federal Food, Drug, and Cosmetic Act's robust dietary supplement provisions.”

Alongside the Consumer Healthcare Products Association (CHPA) and the Council for Responsible Nutrition (CRN), AHPA supports this legislation and will continue working closely with congressional leaders, regulatory agencies, and industry partners to advance a modern, science-based regulatory framework that fosters innovation, provides regulatory certainty, and preserves consumer access to trusted products.