Congresswoman Maxine Dexter, MD (OR-03) has introduced the Dietary Supplement Listing Act, a bill that would require dietary supplement manufacturers to register their products with the U.S. Food and Drug Administration (FDA), known colloquially in the industry as mandatory product listing.

“More than three-quarters of Americans take dietary supplements. As a physician, I’ve seen countless patients assume these products are vetted for safety,” said Dexter. “Unfortunately, our regulatory bodies don’t have access to the most basic information about these products. My common sense legislation brings transparency to consumers and regulators alike to keep our communities safe.”

In January, Sen. Dick Durbin introduced the Dietary Supplement Listing Act, as well.

Versions of mandatory product listing bills were introduced by Durbin in 2024 and in 2022, but each failed to pass Congress.

Dexter’s bill would require companies to include product names, a list of all ingredients, an electronic copy of a product label, allergen statements, health claims, and structure/function claims.

Trade Groups React

The Natural Products Association (NPA), a longstanding opponent of mandatory product listing, echoed past criticisms of the current iteration of such bills.

There is no “credible evidence that FDA lacks the authority or information today to effectively oversee the marketplace and protect public health,” the association stated. “FDA already possesses extensive tools to monitor safety, enforce compliance, remove dangerous products from U.S. commerce, and target bad actors through civil and criminal actions.”

Aside from being an unnecessary regulatory burden, the association argued that a centralized, electronic database of supplements could be weaponized by plaintiff’s attorneys to pursue claims, “based on highly technical or unsettled interpretations of FDA law and state consumer protection statutes, creating significant legal exposure for companies acting in good faith,” NPA stated.  

“This misguided bill would only divert critical resources away from scientific research, product innovation, and quality improvements, ultimately slowing development of the next generation of dietary supplements that consumers rely on to promote their health,” said Daniel Fabricant, PhD, president and CEO of NPA. “At a time when U.S. policymakers should be focused on clarifying regulations and strengthening federal uniformity, this bill is in search of a problem and would create unnecessary requirements, increase the risks of frivolous litigation, and undermine innovation across the industry.”

The American Herbal Products Association (AHPA) announced its opposition to the latest iteration of the Dietary Supplement Listing Act, saying advocates for MPL have not sufficiently articulated how this requirement would benefit consumers or meaningfully enhance FDA’s existing authorities to enforce against marketers of drug-spiked products masquerading as dietary supplements. While not opposed to the concept of MPL in principle, AHPA said it does not support legislation that lacks provisions to clearly benefit public health or sufficiently accommodate small businesses.

The Council for Responsible Nutrition (CRN), has been a longstanding advocate for mandatory product listing, and lauded the bicameral effort, noting that the present bills bring accountability to the marketplace while “remaining feasible for manufacturers to implement.”

“Arguments suggesting FDA already had sufficient visibility ignore a fundamental reality: the agency itself has repeatedly stated it does not have a comprehensive view of products currently on the market. Product listing directly addresses that gap without altering the fundamental framework of DSHEA or restricting consumer access,” said Steve Mister, president and CEO of CRN. “Feigned objections about increased litigation risk or regulatory burden from exposing product information similarly miss the mark as the other databases and online platforms already disclose identifying information, just not all in one place, and CRN’s Supplement OWL [a voluntary product database for association members] demonstrates proof of concept with minimal burden on industry.”

After Durbin reintroduced the Dietary Supplement Listing Act, the Consumer Healthcare Products Association also announced its support for mandatory product listing. “Product listing is a meaningful step in the right direction to support transparency, accountability, and effective oversight in a rapidly evolving marketplace,” said Scott Melville, president and CEO of CHPA.