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This bill amends the Federal Food, Drug, and Cosmetic Act to clarify that federal law preempts state and local requirements for dietary supplements, meaning states cannot set rules that differ from or add to federal rules. It allows states to apply for exemptions if their requirements are stricter or address a compelling local condition, as long as they do not conflict with federal law.
Sec. 2, Clarification of federal preemption with respect to dietary supplement regulation: This section adds a new subsection to the law stating that no state or local government may create or keep any requirement for a dietary supplement that is different from, additional to, or not identical with federal requirements. However, a state or local government can apply to the Secretary of Health and Human Services for an exemption, which may be granted through a regulation after a public hearing, if the state requirement is more stringent than federal law, or if it addresses a compelling local condition and does not cause the supplement to violate federal law.
Summary of the bill text as introduced in House (Feb 4, 2026), generated by SecBot from the official bill text; the Library of Congress summary is not yet published.
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Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 28, 2026.