Dietary Supplement Listing Act of 2026
- Bill Number
- H.R. 8370
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-04-20: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-04-30T19:43:19Z
AI-Generated Summary
Purpose
The Dietary Supplement Listing Act of 2026 (H.R. 8370) aims to increase transparency about dietary supplements by requiring their manufacturers, packers, or distributors to submit detailed product information to the Food and Drug Administration (FDA). This creates a public database for consumers to access key details, without requiring pre-market approval.
Key Provisions
- Listing Requirement: The "responsible person" (name on the product label, or U.S. agent for foreign entities) must electronically submit:
- Product name, brand, flavors, label copy.
- Company contact info (some confidential).
- Full ingredient list with amounts per serving (except total amounts in proprietary blends, which stay private).
- Servings per container, directions, warnings, allergen statements, product form (e.g., tablets, gummies), and certain health claims.
- Timing:
- Existing products (on market before Jan. 1, 2027): List within 18 months of enactment; include FDA-issued listing number on labels after 2 years.
- New products: List at market introduction with listing number on label.
- Notify FDA of discontinuations within 1 year; report label changes when first marketed.
- FDA Actions:
- Issues a unique "dietary supplement product listing number" (can cover similar variants like flavors).
- Builds a public, searchable online database within 2 years (excludes confidential business info).
- Notifies submitters if listings are complete or incomplete.
- Enforcement: Failure to list or update is "misbranding," allowing FDA actions like product removal.
- Confidentiality: Protects trade secrets (e.g., proprietary blend totals, some addresses) from public disclosure under Freedom of Information Act exemptions.
- Funding: Authorizes $7.9 million in FY2026 and $6.6 million annually FY2027–2030 for FDA implementation.
Significant Changes to Existing Law
- Adds new Section 403D to the Federal Food, Drug, and Cosmetic Act (FD&C Act), mandating listings for dietary supplements—previously unregulated in this way (unlike drugs, which need approval).
- Makes non-compliance a misbranding violation under Section 403(z).
- Creates first public FDA database for supplement details; no prior equivalent.
- Explicitly states no pre-market approval authority for supplements.
Potential Impacts
- FDA: Gains better tracking for safety monitoring; requires new systems and staff (funded).
- Industry: Increased paperwork and costs for listing/updates, but streamlined for similar products; foreign firms need U.S. agents.
- Consumers: Easier access to verifiable product info online, aiding informed choices and reporting issues.
- Market: May reduce unlisted or rogue products; no direct international effects.
Main Stakeholders
- Dietary supplement manufacturers, packers, distributors (domestic and foreign).
- FDA (implements and enforces).
- Consumers (benefit from transparency).
- Retailers (must ensure labeled products comply).
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FDA enforcement via misbranding (e.g., inspections, seizures); protects proprietary info as trade secrets.
- Constitutional: Relies on Congress's commerce power over interstate products; no pre-approval avoids First Amendment issues on speech.
- Political: Enhances oversight of $50B+ supplement industry amid safety concerns, balancing transparency with business protections (no new approvals).
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-20: Referred to the House Committee on Energy and Commerce.
- 2026-04-20: Introduced in House
- 2026-04-20: Introduced in House
Bill Versions
- Dietary Supplement Listing Act of 2026 — issued 2026-04-20 — PDF (12 pages)