Supplement laws in New York

§ 391-oo. Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building.
(a) "Dietary supplements for weight loss or muscle building" means a class of dietary supplement as defined in section three hundred ninety-one-o of this article that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, but shall not include protein powders, protein drinks and foods marketed as containing protein unless the protein powder, protein drink or food marketed as containing protein contains an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss or muscle building.
...
2. No person, firm, corporation, partnership, association, limited liability company, or other entity shall sell or offer to sell or give away, as either a retail or wholesale promotion, an over-the-counter diet pill or dietary supplement for weight loss or muscle building within this state to any person under eighteen years of age. Retail establishments shall require proof of legal age for purchase of such products.
...
4. Notwithstanding subdivision two of this section, a delivery seller, including an online retailer, who mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle building to
consumers:
(a) shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or dietary supplements for weight loss or muscle building to a person under eighteen years of age; and
(b) shall use a method of mailing or shipping:
(i) that requires the purchaser placing the delivery sale order, or an adult who is at least eighteen years of age to sign to accept delivery of the shipping container at the delivery address; and
(ii) that requires the person who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, that the person is at least eighteen years of age.
...
(iii) creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract;

§ 119.1 Dietary supplements containing ephedrine alkaloids.
Dietary supplements containing ephedrine alkaloids present an unreasonable risk of illness or injury under conditions of use recommended or suggested in the labeling, or if no conditions of use are recommended or suggested in the labeling, under ordinary conditions of use. Therefore, dietary supplements containing ephedrine alkaloids are adulterated under section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act.

DMAA (1,3-dimethylamylamine) is an amphetamine derivative that has been marketed in sports performance and weight loss products, many of which are sold as dietary supplements. DMAA is not a dietary ingredient, and DMAA-containing products marketed as dietary supplements are illegal and their marketing violates the law.
...
In 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court ruling, finding that DMAA is not a dietary ingredient and is not generally recognized as safe, and condemning and forfeiting the seized articles containing DMAA.

FDA considers tianeptine to be a substance that does not meet the statutory definition of a dietary ingredient and is an unsafe food additive.
...
Because tianeptine does not qualify as a dietary ingredient, is not an approved food additive, is not GRAS, and does not meet any of the other listed exceptions to the dietary supplement definition, it is an unsafe food additive, and dietary supplements containing tianeptine are adulterated under the FD&C Act.

Phenibut is a substance that does not meet the statutory definition of a dietary ingredient.
...
The products distributed by Chill6 allegedly contain, among other things, Phenibut HCl, which does not meet the statutory definition of a dietary ingredient and is an unsafe food additive.

Products consisting of or containing only pure or highly concentrated caffeine have been linked to at least two deaths in the United States in the last few years, and continue to present a significant public health threat. Many products that consist of only or primarily pure or highly concentrated caffeine are sold as dietary supplements. FDA considers some such products to be adulterated under section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 342(f)(1)(A)], because they are dietary supplements that present a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in the labeling or, if no conditions for use are suggested or recommended, under ordinary conditions of use.