Lance's Corner

NYSDOS Issues Alert on Purchasing Vitamins and Dietary Supplements

Apr 2, 2025

Per the notice below, the New York State Department of State (NYSDOS) has issued an alert on purchasing vitamins and dietary supplements.

New York Department of State’s Division of Consumer Protection Warns Consumers to Take Precautions When Purchasing Vitamins and Dietary Supplements

Unlike Over the Counter or Prescription Medications, Dietary Supplements May Be Sold Without Any Pre-Market Review by the FDA

Secretary Mosley: “While it’s easy to assume that all health and wellness products on the shelves are safe and effective, that’s not always the case, especially for dietary supplements.”

Secretary’s Video Quote Here

The New York Department of State’s Division of Consumer Protection is warning consumers to take precautions when selecting vitamins and dietary supplements.  Unlike over the counter or prescription medications, dietary supplements may be sold without any pre-market review by the U.S. Food and Drug Administration (FDA), leaving the product’s safety and efficacy in the hands of the companies that sell them.  As a result, these dietary supplements may include unsubstantiated claims that they can keep you from getting sick, boost your mood, help you sleep, and more.  According to the FDA, there were as many as 100,000 different products available to consumers in 2024, up from just 4,000 products in 1994.  Additionally, approximately 75% of Americans take some form of supplement.  This increased market demand for vitamins and dietary supplements is being driven by a larger focus on health, wellness, and prevention among consumers.

“Summer is right around the corner, and wellness is on everyone’s mind as consumers look to take control of their health,” said Secretary of State Walter T. Mosley.  “While it’s easy to assume that all health and wellness products on the shelves or purchased online are safe and effective, that’s not always the case, especially for dietary supplements.  Supplements and vitamins may be beneficial for certain purposes and individuals, but consumers should always be cautious and do research before purchasing or taking these products.”

State Health Commissioner Dr. James McDonald said, “While seemingly offering miracle solutions, unregulated supplements can be quite harmful to your health.  Speak to a health care provider before reaching for any unregulated supplement and remember that whole foods can more often than not provide everything we need to fuel our bodies.”

BUYER BEWARE

Dietary supplements are not required to be subjected to premarket testing, clinical trials, and FDA approval in the same way that over the counter and prescription medications are and can be sold without the FDA ever knowing they are on the market.  Reports of labeling violations related to dietary supplements are common and there have been reports of:

  • inclusion of potentially harmful ingredients,
  • counterfeit and fake supplements sold online, and
  • deceptive advertising and communication strategies by some companies.

RISKS ASSOCIATED WITH THESE TRENDS

Parents and caregivers should know that teenagers using dietary supplements to lose weight, gain weight, or build muscle could be putting themselves at risk for serious harm.  New York State law prohibits the sale of weight loss or muscle building supplements to minors.  In 2024, New York became the first state in the nation to pass a law of this kind.  This law went into effect in April 2024 and aims to protect young people from potential risks associated with these products.

TIPS FOR CONSUMERS BUYING VITAMINS AND DIETARY SUPPLEMENTS:

Research and Verify:

  • Only buy products that have been independently tested to verify label accuracy: Manufacturers can opt to allow third-party testing of products for ingredient quality, label accuracy, and purity of raw material.  This testing may help consumers verify that the product contains the ingredients as listed, accuracy of dosage, and that there are no harmful additives.  To confirm if a supplement is third-party tested, consumers can look for a certification stamp displayed on the label from the certification company.  Choose brands labeled with the NSF International, US Pharmacopeia, Underwriters Laboratory, or Consumer Lab seal.  For more information, please review the NIH’s Fact Sheet for Consumers.
  • Look into evidence of efficacy and safety from scientific review: While third-party reviewers help confirm the product is what it claims to be, they do not evaluate the truthfulness of health claims companies make about their products.  The National Institute of Health’s Office of Dietary Supplements and The Academy of Nutrition and Dietetics are credible sources to learn more about the scientific evidence that exists regarding the benefits of certain substances.

Beware of Potentially Unsafe Products, Counterfeit or Misleading Claims:

  • Unsafe Products: Laboratory testing has found that many products sold online contained various undeclared active ingredients; others were removed from the market for serious safety concerns.  If you are thinking of buying a product, talk to your doctor first.  Ask your doctor for help in identifying reliable and credible information about dietary supplement products.
  • Beware of misleading and false claims: Watch out for labels that claim to prevent, treat, cure, or diagnose a disease, as those claims are prohibited and may be false or misleading.

Consult a Healthcare Professional:

  • Consult a physician if you are on any other medications: Some supplements can interfere with the effectiveness of medications or have harmful side effects when combined with prescription medication.
  • Know your dosage: Read the ingredients label to make sure the nutrients meet the recommended amount and do not exceed upper limits.  Search for a government Dietary Reference Intake (DRI) calculator online that can help you find the right amount for someone your age, gender, and size.
  • Consult the FDA’s Health Fraud Database: The FDA regularly updates its Health Fraud Database with a list of unapproved products subject to FDA health fraud violations.  These products have been cited in warning letters, online advisory letters, recalls, public notifications, and press announcements for issues varying from products marketed as dietary supplements claiming to cure, mitigate, treat, or prevent disease, to the use of undeclared ingredients or new dietary ingredients.

About the New York State Division of Consumer Protection

Follow the New York Department of State on Facebook, X and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics.  Sign up to receive consumer alerts directly to your e-mail or phone here.  The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own.  The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30 a.m. to 4:30 p.m., excluding State Holidays, and consumer complaints can be filed at any time at: www.dos.ny.gov/consumerprotection.  The Division can also be reached via X at @NYSConsumer or Facebook.

 

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc