Publications

As more and more consumers turn to dietary supplements to fill nutrition gaps and support general health and wellness, a growing number of state governments are seeking to regulate these products to ensure the health and safety of constituents who may be consuming them. One area of interest to policymakers in recent years is the category of weight loss products.

CHPA monitors legislation in all 50 states and Washington, D.C., and takes positions per the direction of the State & Local Government Affairs Committee. As the role of CMDs in self-care continues to grow, so too will our engagement on issues at all levels of American government.

Fearing links to human health problems and harm to the environment, state lawmakers are increasingly seeking to restrict the use and/or presence of PFAS in consumer products and packaging, whether intentionally added or not.

For more than 45 years, most OTC drugs have been regulated under the OTC Monograph system established by FDA to provide a framework to review and assess safety and efficacy of ingredients, formulations, labeling, and dosage instructions for nonprescription medicines.

Throughout the last few decades, governments across the world have expressed concern over excess plastic entering landfills and waterways. Now, as recycling struggles to maintain a profitable market, American states are expressing their own anxiety over recycled material ending up in regular trash.

Today, common over the counter (OTC) contraceptives are affordable, readily accessible, and they play critical roles in reducing unintended pregnancies. Some of today’s most common forms of OTC birth control include male and female condoms, spermicides, birth control sponges, and emergency contraception.

Whether a product is regulated as a cosmetic or a drug (or both) under federal law is determined by a product's intended use. Products having both cosmetic and drug intended uses (typically defined by claims made on product labeling) include, for example, anti-dandruff shampoo, a fluoride-containing whitening toothpaste, and a skin moisturizer containing sunscreen active ingredients. These products are always required to display an OTC Drug Facts label.

As state lawmakers continue to explore expanded responsibility for producers of products, a policy known as extended producer responsibility (EPR), it is likely manufacturer funded drug take-back laws will continue to be probed throughout the country.

In 1986, California voters overwhelmingly approved the State Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition (Prop) 65. Prop 65 was designed to safeguard the state’s drinking water against chemicals known to the state to harm humans by requiring industry to inform Californians about exposures to such chemicals within the products or services they provide for sale to the public.

OTC medical devices like bandages, menstrual products, face masks, and at-home test kits, used for the purposes of prevention, testing, and treatment are well-accepted, cost saving elements of the healthcare system. Unfortunately, most states that have a retail sales tax, include a tax on the sale of some or all OTC healthcare products. More than 40 states, on the other hand, exempt sales tax of prescription drugs.

Despite the critical role sunscreens play in a healthy self-care routine, some state lawmakers are working to restrict sales of chemical sunscreens and key ingredients due to perceived environmental and human health impacts.