The Problem
Dietary supplements are sold under a regulatory framework that trusts manufacturers to police themselves. Independent testing shows, repeatedly, that many don't.
of protein powders tested exceeded safe lead thresholds (Consumer Reports, 2025)
supplements fail ConsumerLab testing for quality, purity, or label accuracy
required in FDA pre-market safety testing before a supplement reaches shelves
distinct supplement products currently sold in the US — none requiring pre-approval
Why This Keeps Happening
In 1994, Congress passed the Dietary Supplement Health and Education Act (DSHEA) — fundamentally shifting the burden of proof from manufacturers to the FDA. Companies no longer had to prove a product was safe before selling it. The FDA must now prove it's unsafe after the fact.
The result: supplement makers write their own labels, set their own standards, and sell to millions of trusting consumers with essentially no independent verification required by law.
In plain terms: If a drug company says a pill contains 500mg of a compound, the FDA verified it. If a supplement company makes the same claim, no one verified it — only independent testing done years later may reveal the truth.
Labels say things like "third-party tested," "clinically studied," or "lab verified." These phrases sound reassuring but are often not what they seem.
"Third-party tested" may mean a single batch was checked for microbial contamination only — not for heavy metals or actual ingredient amounts. "Clinically studied" may refer to the ingredient in general, not the specific product you're buying.
When organizations like ConsumerLab actually test off-the-shelf products and publish results, they consistently find products that don't match their labels.
What ConsumerLab tests for: Correct ingredient amounts; freedom from heavy metals (lead, cadmium, arsenic, mercury); and proper dissolution so ingredients are actually absorbed.
Who's Doing the Testing
Independent, credentialed organizations — not competitors or critics. Their methodologies are peer-reviewed. Their findings are cited by physicians and researchers.
The leading independent tester of health and nutrition products. Buys off-the-shelf samples; publishes detailed pass/fail results.
Independent nonprofit consumer advocacy organization. Their October 2025 protein powder investigation became the most widely cited recent finding on supplement safety.
Nonprofit focused on transparency in supplement labeling. Their Protein Powder Project tested 134 products and found widespread contamination across popular brands.
A Pattern, Not a Coincidence
Brand spends heavily on influencer marketing, uses terms like "clean," "tested," and "premium" — all unregulated terms with no legal definition in supplement labeling.
Often daily. Sometimes for years. Often at the recommendation of a doctor, trainer, or influencer. Often because of explicit health claims on the label.
An independent organization tests off-the-shelf samples and finds heavy metals, underdosed ingredients, or other quality failures — often years after the product has been selling at scale.
"Our products meet all applicable regulations" — true, because the regulations are minimal. Companies rarely notify customers proactively or offer refunds.
Consumer fraud litigation — individual claims and class actions — has historically been one of the few mechanisms that creates meaningful financial consequences for supplement companies.
New York law gives consumers tools to respond when companies deceive them. Understanding those tools costs nothing.