
You've probably heard the claim before: the supplement industry is unregulated. It's a line that appears in countless news articles and consumer reports, often accompanied by alarming stories about contaminated products or misleading labels. But is it actually true?
During a recent Qredible Live broadcast, Phil Vigeant, CEO of PlantFusion and a four-decade veteran of the natural products industry, shared valuable insights on how supplement industry regulation actually works. This discussion highlighted the frameworks already in place, the role industry leaders have played in establishing standards, and why consumers remain confused despite these protections.
One of Vigeant's most emphatic points addressed a common misconception that frustrates many industry professionals.
"A lot of people say it's an unregulated industry, which is fundamentally false," Vigeant stated. "The FDA by definition regulates anything we put in our body. So it is a regulated industry. It is not as regulated as pharmaceuticals, and that's appropriate because it's not as dangerous as pharmaceuticals."
This distinction matters. Supplements occupy a middle ground. More regulated than food, less regulated than prescription drugs. According to Vigeant, this balance is intentional and appropriate given the nature of the products involved.
The foundation of modern supplement industry regulation traces back to 1993, when the Dietary Supplement Health and Education Act (DSHEA) was passed. Vigeant was personally involved in this effort.
"That was a proactive bill that the industry got together on," he explained. "We said, 'Hey, we have to be proactive about setting some standards for the industry.'"
DSHEA established critical boundaries for what supplement companies can and cannot claim. "We can't say that this bottle of supplements cures diabetes because that's a disease claim. We're not allowed to say that. That's flat out against the law," Vigeant said. "Companies that do those types of things are prosecuted by the FTC or the FDA."
The legislation also created the framework for structure-function claims. Statements that describe how a supplement may support bodily functions without promising to treat or cure diseases. As Vigeant put it: "This may not cure diabetes, but it might help support blood glucose levels, but you still should see a doctor."
When specific ingredients have caused harm, the industry has responded with additional safeguards. Vigeant pointed to ephedra, a stimulant popular around 2000, as a turning point.
"There were a number of deaths from people taking too much of ephedra," he recalled. "For people that had pre-existing heart issues, it wasn't good for them to take a lot of it."
The problem wasn't just the ingredient itself. It was that companies weren't tracking complaints. "One of the things they found with that ingredient was that the companies that were selling it were not recording the complaints that were coming in on it, which is a dangerous thing," Vigeant explained.
In response, he served on a committee that worked to pass adverse event reporting legislation through Congress. "Now today, if somebody calls up and says, 'Hey, I had this issue with your plant protein,' we are regulated by law to submit that to the FDA as an adverse event report," he said.
While legitimate concerns exist, Vigeant expressed frustration with media coverage that misleads consumers, particularly regarding heavy metals in supplements.
He cited a recent Consumer Reports piece as an example. "Candidly, it was incredibly misleading," he said. "The theme of it was you really might want to cut down ingesting protein because of heavy metals. And that's a little bit like saying you might not want to work out that much or exercise that much because you could break your ankle."
Much of the confusion stems from California's Proposition 65 standards, which Vigeant argued creates unrealistic benchmarks. "It sets a standard for lead that's 0.5 micrograms of lead per serving, which is actually much less than what you get in a cup of spinach," he explained.
"If you followed that threshold that they used, you wouldn't eat very little vegetables because even organic vegetables from the healthiest soil in the world could have heavy metals above that Prop 65 level," Vigeant added. "If an outlet is using the California standard, it's just fundamentally misleading."
Beyond government oversight, market forces are increasingly demanding higher standards. Vigeant confirmed that major platforms are tightening requirements.
"Even major marketplaces like Amazon are escalating their requirements around documentation, quality, and compliance for any of these supplements," he noted.
This extends to payment processors, distributors, and retailers who now require verification of claims and product testing before partnering with brands. For established companies like PlantFusion that helped write many of these standards, compliance comes naturally. For others, the bar is rising.
Despite existing regulations, Vigeant acknowledged that consumers remain overwhelmed. "I don't envy the consumer in this category," he said. "It's one of the categories that has the most conflicting bits of information."
The confusion comes from multiple directions—pop media making sweeping claims, doctors who lack nutritional training, and bad actors who make promises legitimate companies cannot.
"I think it's the loud minority that gets all the bad press in any industry," Vigeant observed. "There are a number of other brands besides us that are trying to do the right thing and get the right products in people's hands. I think that's more of the majority of the industry than the minority."
Supplement industry regulation provides a foundation, but informed consumers still need to do their homework. Look for brands that can speak to their sourcing, maintain transparent testing practices, and have track records of compliance.
As Vigeant summarized: "Most people I work with in the industry are very genuine and authentic about what we're trying to deliver. We really are trying to create solutions and answers for consumers."
The industry isn't unregulated, but it does require consumers to seek out the companies committed to exceeding the minimum standards.
Watch the full Qredible Live episode with Phil Vigeant here.