Dietary supplement makers push the FDA to allow peptides and other new
ingredients
[March 28, 2026]
By MATTHEW PERRONE
WASHINGTON (AP) — Makers of dietary supplements are pushing the Food and
Drug Administration to expand the types of ingredients they can put in
their products, a change that could open the door to more marketing of
peptides, probiotics and other trendy wellness offerings.
The FDA was holding a public meeting Friday to discuss its longstanding
criteria for dietary supplements and whether they could be broadened to
include substances that don't come from food, vitamins, herbs or other
traditional ingredients. FDA officials will hear from industry
executives, consumer advocates and academics.
It’s the first such meeting since Robert F. Kennedy Jr. became the
nation’s top health official last year. Kennedy has vowed to “end the
war at FDA” on dietary supplements, peptides and other products that are
popular within his Make America Healthy Again movement.
Friday’s meeting came at the request of the Natural Products
Association, an industry group that has clashed with the FDA over
certain new supplement ingredients. The group asked for the meeting in a
January letter, citing “the cost and uncertainty that arise when
regulatory expectations are unclear.”
The FDA’s top food official, Kyle Diamantas, opened the meeting by
underscoring the administration’s commitment to “cutting red tape” to
lower the industry's costs.
“The industry has grown tremendously over the last 30 years yet the
regulatory framework has largely stayed the same,” Diamantas told
attendees.
Here's what to know about the issue:
Many wellness products don’t qualify as supplements
Under FDA regulations, supplements are deemed to be a category of food,
with most of their ingredients coming from plants, herbs and other
substances found in the American diet.
That requirement has become a challenge for the industry in recent years
as newer wellness products often feature substances that have never been
used in food.
Peptides, for instance, are druglike chains of amino acids that have
been widely promoted by celebrities and influencers as a way to build
muscle and look younger, although there’s little science supporting
their use.
Many specialty pharmacies and clinics sell them as injections or IV
infusions, but some supplement makers have also begun adding them to
capsules, gummies and powders.
Technically, those products violate FDA rules, according to FDA lawyers.
The same goes for certain types of probiotics, bacteria-containing
products that are pitched to aid digestion and promote gut health.
Companies argue that FDA law, as written, doesn’t specify that all
ingredients must come from food.
“The hope of the meeting is that FDA is willing to open up its
interpretation of what constitutes a dietary ingredient to allow dietary
substances that aren’t already in food,” said Robert Durkin, a former
official in the FDA's supplements program who now consults for
companies.
But consumer advocates warn that allowing new ingredients would vastly
expand the market for supplements, which the FDA has long struggled to
oversee.
“FDA should focus on making the current market safer instead of allowing
more chemicals and substances in supplements,” said Jensen Jose, senior
regulatory counsel of the nonprofit Center for Science in the Public
Interest, in a presentation at Friday's meeting.
Supplement makers view Kennedy as an ally
Kennedy recently declared himself “a big fan” of peptides, telling
podcast host Joe Rogan that he’s personally used them to treat injuries.
He also vowed to loosen FDA limits on producing injectable peptides,
which have been subject to federal safety restrictions.
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A sign for the U.S. Food and Drug Administration is displayed
outside their offices in Silver Spring, Md., Dec. 10, 2020. (AP
Photo/Manuel Balce Ceneta, File)
 Some of Kennedy’s allies and
supporters are proponents of the chemicals, including Gary Brecka, a
self-described “longevity expert,” who sells peptide injectables,
patches and nasal sprays through his website.
Dr. Mark Hyman, another Kennedy friend, sells dozens of dietary
supplements, including some claiming to contain peptides, through
his website.
Two former health advisers from Kennedy's presidential campaign also
have ties to the industry.
Calley Means, now serving as a senior adviser in the Department of
Health and Human Services, co-founded an online platform that helps
people spend tax-free health dollars on supplements and other
wellness goods.
Dr. Casey Means — his sister and President Donald Trump's surgeon
general nominee — made hundreds of thousands of dollars promoting
supplements, probiotics and related products, according to financial
disclosure forms.
Supplements have never been subject to strict FDA oversight
The FDA does not review dietary supplements the way it approves
drugs and other medical products after confirming their safety and
effectiveness. The agency does not even have a list of all the
products in circulation.
With some 100,000 or more supplements on the market, manufacturers
are legally responsible for making sure their products are safe and
truthfully advertised, according to the FDA. Supplements can’t claim
to treat specific diseases or medical conditions.
The 1994 law that gave the FDA oversight of the industry also
exempted supplement makers from nutrition labeling requirements,
under which companies must scientifically support health claims.
Instead, supplement makers can make more general claims, such as
that their products maintain or support health and well-being.
Some former regulators think that approach was a mistake.
“It sanctioned unauthorized, implied health claims” said Mitch
Zeller, who worked on supplement issues at the FDA during the 1990s.
“There are all manner of claims being made on supplement labeling or
in advertising that are carefully worded to avoid making a drug or
treatment claim.”
Companies can also say their products improve the structure or
function of certain body parts, such as strengthening bones.
Products making general or specific claims must carry a disclaimer:
“This statement has not been evaluated by the FDA.”
___
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