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Supplement marketing rules in New York
What you can claim, how you can pay for referrals, and where New York diverges from the federal floor. Derived from the live ruleset library.
Yes. New York has its own supplement marketing law, and Pre-Trip carries it as a live rule set, read line by line against the statutes it cites, checked 2026-07-24. On top of the federal rules that apply everywhere (the FTC Act, the TCPA, CAN-SPAM), New York adds a rule of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
N.Y. General Business Law 391-oo (Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building to minors), enacted by Chapter 558 of the Laws of 2023 (S.5823-C / A.56
Every New York scan also runs the always-on federal layer: FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types New York law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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FlagCopy that markets a weight-loss or muscle-building supplement to minors or a youth audience.
N.Y. GBL 391-oo bars selling or giving away a dietary supplement for weight loss or muscle building to any person under eighteen in New York. Copy that markets such a product to a teen or minor audience promotes a transaction the statute prohibits and signals intent to reach a group the seller may not sell to. Note that 391-oo restricts the sale, not the advertisement; confirm your New York audience and that your sales channel enforces the age restriction and the required proof-of-age check.
N.Y. GBL 391-oo (minor-sale prohibition; proof-of-age requirement)
The exposure New York attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our turmeric capsules treat arthritis and reverse inflammation.
A claim to treat or reverse a disease turns a supplement into an unapproved drug claim, which is the line DSHEA draws and the FTC Act reaches as a deceptive health claim.
Disease and cure claims · N.Y. General Business Law 391-oo (consolidated statute, nysenate.gov)
Curcumin is being studied for its role in joint comfort. This statement has not been evaluated by the FDA.
A structure and function claim with the required disclaimer, rather than a disease claim.
New York and federal sources
- N.Y. General Business Law 391-oo (consolidated statute, nysenate.gov) primary
- N.Y. S.5823-C (2023), enacting bill text primary
- N.Y. A.5610 (2023), Assembly companion primary
- 15 U.S.C. 45 (FTC Act Section 5, official code viewer) primary
- 15 U.S.C. 52 (FTC Act Section 12, false advertisements, official code viewer) primary
- FTC Health Products Compliance Guidance (Dec. 2022) primary
- 16 CFR Part 255 Endorsement Guides, 2023 revision (Cornell LII mirror; ecfr.gov bot-blocked at authoring)
- 16 CFR 255.2 Consumer endorsements (Cornell LII mirror)
- 16 CFR 255.5 Disclosure of material connections (Cornell LII mirror)
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for New York reflects the library as of the build and changes as the law does.