3 Supplement Bills Congress Is Debating Right Now

8 min read

The supplement industry is overdue for a regulatory update. Here’s where things stand and what Ritual supports.

In May, we brought OB-GYNs and other health care practitioners to Capitol Hill to lobby for more health-protective supplements, especially for women during preconception, pregnancy, and postpartum—putting the voices of women's health clinicians behind our call for stronger supplement safety standards.

Here’s something that might surprise you: the FDA generally doesn’t approve supplements before they enter the marketplace and there are no requirements for human clinical trials to prove supplements work. Unlike prescription drugs, which must go through years of clinical trials and regulatory review, dietary supplements can be sold as long as they don’t make disease claims, and as long as the company follows manufacturing guidelines (1).

The main law governing this—the Dietary Supplement Health and Education Act (DSHEA)—was passed in 1994 (2). Since then, the supplement industry has grown by more than 2,000%, and today there are over 100,000 products on the market (3). But the rules largely haven’t changed.

That’s left a lot of responsibility on women’s shoulders: to read labels carefully, research ingredients, and trust that what’s on the bottle is actually in it. At Ritual, we believe that’s an unfair burden and we’re expecting more. We’ve been voluntarily going further than what’s legally required since we launched ten years ago, by making 100% of our ingredients Made Traceable® and publicly sharing our heavy metal test results for one of our latest released lots on our website. We have even invested $5 million in clinical trials and have 5 completed clinicals on critical products like Essential Prenatal and Postnatal.

But voluntary safety and efficacy measures aren’t good enough for the whole industry or for us as consumers. That’s why what happens in Congress matters. Here are three bills currently being debated—and where we stand on each one.

1. Dietary Supplement Listing Act

S. 3677/H.R. 8370 · Ritual Supports

Right now, no one—not even the FDA—has a complete list of what supplements are being sold in the United States. Companies aren’t required to register their products before bringing them to market. That means the FDA often doesn’t know a supplement exists until something goes wrong.

The Dietary Supplement Listing Act would change that by requiring manufacturers to register their supplements with the FDA (4). Think of it like a basic roll call: before you can sell a supplement in the U.S., you have to tell the FDA it exists.

What it would do: Require dietary supplement manufacturers to list their products with the FDA—providing regulators with a clear picture of what’s on the market and giving them better tools to identify and act on safety concerns.

Ritual’s take: Basic visibility is the foundation of any meaningful oversight. We support this bill because you can’t regulate what you can’t see. A product registry is a commonsense first step toward a safer supplement industry—and one that responsible brands should welcome, not fear.

2. Dietary Supplement Regulatory Uniformity Act

H.R. 7366 · Ritual Opposes

This one sounds reasonable on the surface—“uniformity” seems like a good thing. But the way this bill is written, it would override state-level consumer protections that go further than federal law. If a state has stricter rules around heavy metal limits, labeling, or testing than the federal government does, this bill would wipe them out.

Why does that matter? Because federal supplement law has significant gaps—gaps that states like California have worked hard to fill. California’s Proposition 65, for example, requires warning labels on supplements with heavy metal levels above certain thresholds. Studies have found that more than half of prenatal vitamins tested exceeded those Prop 65 limits for lead (5). Our Chief Impact Officer Lindsay Dahl testified in support of California’s prenatal testing bill for exactly this reason.

What it would do: Preempt any state law or regulation that differs from federal dietary supplement requirements—effectively setting a ceiling, not a floor, on consumer protections across the country.

Ritual’s take: We believe “uniformity” should mean raising the bar—not eliminating the states that are already doing more to protect consumers. Until federal law fully addresses heavy metal safety, misleading labeling, and product transparency, state protections are essential. We oppose H.R. 7366.

3. Dietary Supplements Access Act

S. 4587/H.R. 8933 · Ritual Supports

Most people don’t realize that you can’t use your Health Savings Account (HSA) or Flexible Spending Account (FSA) dollars to buy supplements—even a prenatal vitamin. That’s because a 2000 IRS rule change classified supplements as non-medical expenses, unless prescribed by a doctor (6). Meanwhile, sunscreen, bandages, and contact solution all qualify.

This bipartisan bill, introduced by Senators Kevin Cramer (R-ND) and John Curtis (R-UT) in May 2026, would let individuals use up to $250 per year (or $500 for joint filers) from their tax-advantaged health accounts to purchase dietary supplements—making quality supplements more affordable for millions of families (7).

What it would do: Amend the Internal Revenue Code to recognize dietary supplements as qualified medical expenses eligible for reimbursement through HSAs, FSAs, HRAs, and Archer MSAs, effective 2027.

Ritual’s take: Women should have access to high-quality, science-backed dietary supplementsv—especially for women during pregnancy and postpartum, when nutritional needs increase and costs add up quickly. Allowing HSA and FSA dollars to cover supplements is a practical, consumer-first step we fully support.



The supplement industry is at an inflection point. For the first time in decades, Congress is seriously debating meaningful reforms. Not every bill will move forward—and some, like H.R. 7366, would move us in the wrong direction. But the conversation itself is progress.

These three bills matter—but they're only part of what needs to happen. They address important pieces of the puzzle: product visibility, consumer access, and state-level protection. But none of them get at the root of the problem.

DSHEA needs a comprehensive overhaul—and we're asking Congress to do it.

Our asks for comprehensive reform:

  • Science-based heavy metal limits. The FDA should have the authority to set and enforce legally binding limits for heavy metals — including lead, mercury, and arsenic — in all supplements, with stricter thresholds for products used by pregnant women and children.

  • A real definition of "clinically studied." Brands can currently add a trace amount of a studied ingredient at a fraction of the tested dose and still use the phrase "clinically studied" on the label. Congress should establish a clear, enforceable standard: was the finished product, at the dose being sold, rigorously tested?

  • Sustained funding for the FDA, NIH, and NSF. Meaningful reform only works if the agencies and researchers behind the science are properly funded. Ritual relies on NIH- and NSF-backed research to inform our formulas — and so does the entire industry.

At Ritual, we’re not waiting for the rules to change to do the right thing. We share our ingredient suppliers publicly, test every batch for heavy metals, and have committed $5 million to fund clinical research on our own formulas. Understanding how the FDA regulates supplements—and where the gaps are—is part of being an informed consumer. And being informed is one of the most powerful things you can do.


Join us by emailing your representatives today


References: 

  1. FDA. FDA’s Regulation of Dietary Supplements with Dr. Cara Welch. 2024.

  2. Congress.gov. S.784 Dietary Supplement Health and Education Act of 1994. 

  3. FDA. FDA’s Regulation of Dietary Supplements with Dr. Cara Welch. 2024.

  4. Congress.gov. S. 3677 Dietary Supplement Listing Act. 

  5. Clean Label Project. Protein Study 2.0. 2025.

  6. U.S. Dept of Treasury. Treasury and IRS Announce over-the-counter Drugs to be covered by Health Care Flexible Spending Accounts. 2023. 

  7. Congress.gov. S. 4587 Dietary Supplement Access Act. 

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