Payments · Supplements4 min readUpdated October 26, 2026

Is It Legal to Sell Supplements Online?

Yes, without FDA approval. The US rules that apply: labels, claims, cGMP, adverse events, FTC evidence, subscription laws and state age limits.

Nick Bonnassies, CMO at Tagada · checked against 13 sources

Article summary

Legal, with rules

TL;DR

Yes. In the US you don't need FDA approval or a federal license to sell dietary supplements online. You do have to follow the rules: accurate labels with the FDA disclaimer on claims, no disease claims, products made under cGMP, adverse event reporting, evidence for every claim, clear subscription terms, and state laws such as age limits on some weight loss and muscle products.

"By law, FDA does not approve dietary supplements or their labeling" before sale.
A structure/function claim needs the FDA disclaimer and a notification to the FDA within 30 days of first marketing.
A claim to treat, cure or prevent a disease makes the product a drug.
The FTC requires "competent and reliable scientific evidence"; the FDA disclaimer "won't cure an otherwise deceptive ad".
New York bans selling weight loss and muscle-building supplements to minors; California signed a similar law in September 2026.

Want to go further? Ask

On this page

This guide is part of our hub on nutraceutical payment processing. It's general information, not legal advice.

What the law requires

Area	Rule	Source
Approval	None before sale; the FDA can act on unsafe or mislabeled products after	FDA1
Labels and claims	FDA disclaimer next to structure/function claims; notify the FDA within 30 days	21 CFR 101.932
Manufacturing	cGMP for dietary supplements	21 CFR Part 1113
New ingredients	Premarket notification for a new dietary ingredient, at least 75 days before	21 CFR 190.64
Adverse events	Serious adverse events reported to the FDA	21 U.S.C. § 379aa-15
Advertising	"Competent and reliable scientific evidence" for health claims	FTC6
Influencers and affiliates	The brand can be liable for their deceptive claims	16 CFR 255.1(d)7
Subscriptions	Clear terms, express consent, simple cancellation	ROSCA8

None

FDA approval needed before you sell a dietary supplement

30 days

To notify the FDA after a structure/function claim is first used

75 days

Premarket notice for a new dietary ingredient, at least

Selling another company's product under your brand? Ask the manufacturer for its cGMP documentation before you launch.

Claims: what you can and can't say

Allowed (structure/function)	Not allowed (disease)
"Supports restful sleep"	"Treats insomnia"
"Supports joint comfort"	"Relieves arthritis"
"Supports healthy immune function"	"Prevents colds and flu"

Every structure/function claim carries this statement2:

"This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."

21 CFR 101.93, Certain types of statements for dietary supplements

Watch out

The disclaimer doesn't make a claim true. The FTC still needs evidence6, and ads, reviews and influencer posts count as your claims7.

Selling on subscription

Rule	Status in 2026	Source
ROSCA	In force: terms before billing details, express consent, simple way to stop	15 U.S.C. § 84038
FTC click-to-cancel rule	Vacated July 8, 2025; original text restored February 12, 2026; new consultation from March 13, 2026, no rule since	Federal Register9
California automatic renewal law	Express consent, online cancellation, annual reminder (contracts from July 1, 2025)	§ 1760210

Fig. 1The FTC's click-to-cancel rule since 2025

July 8, 2025Rule vacated
February 12, 2026Original text restored
March 13, 2026New consultation opens
TodayNo rule since; ROSCA in force

ROSCA applied the whole time.

Federal Register, 91 FR 6507 (February 12, 2026) and 91 FR 12318 (March 13, 2026).

Card networks add their own subscription rules: how to sell supplements on subscription.

State laws

New York: no sale of weight loss or muscle-building supplements to minors, with proof of age at delivery11.
California: AB 2030, a similar ban, signed in late September 2026; the start date was not confirmed at the time of reporting12.
Other states add their own rules; check every state you ship to.

New York
No weight loss or muscle-building supplements sold to minors, proof of age at delivery.
California
AB 2030, a similar ban, signed in late September 2026. Start date not confirmed when reported.
Other states
Their own rules. Check every state you ship to.

Legal is not the same as accepted by processors

A legal product can still be refused by a payment provider. Stripe, for example, prohibits nutraceuticals "that are not safe or make harmful claims" and unclear trials13, and decides what falls under those lines.

Question	Who answers
Can I sell this product?	The law: FDA, FTC, states
Will a processor take my payments?	The processor's policy and underwriting
Will a marketplace list it?	The marketplace's rules: Amazon, eBay, Etsy, TikTok Shop

Fig. 2Three different yeses

Your supplementLegal to sell in the US

The lawFDA, FTC, states: can I sell it?
Your processorPolicy and underwriting: will it take my payments?
MarketplacesTheir own rules: will they list it?

The law is the first answer, not the last.

Getting accepted: supplement merchant account compliance and how to get approved.

How Tagada helps

An account reviewed for supplements, not just allowed by law

TagadaPay lists "Supplements / nutra" among its industries; each file is underwritten, with enhanced review on regulated verticals
Subscriptions with trials, billing cycles, retries and automatic recovery
One-page checkout where terms sit before the card field
Routing across Stripe, Adyen and TagadaPay, cascade on decline

Plans are on the pricing page.

Apply for processing

An account reviewed for supplements, not just allowed by law

Updated on October 26, 2026

Nick Bonnassies

CMO at Tagada

CMO at Tagada. Before Tagada, Nick built direct-to-consumer brands that generated over $115M in sales, raised over $25M in crowdfunding and sold two of them. He also works as a fractional CMO on marketing operations and AI systems.

Frequently asked questions

Do I need FDA approval to sell supplements online?

No. The FDA states that by law it "does not approve dietary supplements or their labeling". You must still follow labeling, claim, cGMP and adverse event rules, and notify the FDA within 30 days of using a structure/function claim.

Do I need a license to sell supplements online?

There's no federal license to sell supplements online in the US. Your business needs the usual registrations, and some states add rules, such as New York's ban on selling weight loss and muscle-building supplements to minors.

Can I sell supplements made by another company under my brand?

Yes, private label is common. The products must be made under cGMP, labels and claims must follow 21 CFR 101.93, and your marketing needs evidence. Ask the manufacturer for its cGMP documentation.

Is it legal to sell supplements on subscription?

Yes, with clear terms before billing details, express consent and a simple way to cancel under ROSCA, plus state laws like California's. The FTC's click-to-cancel rule was vacated in 2025.

Sources

Checked October 26, 2026

TagadaPay

Legal to sell, and accepted to get paid

Tell us what you sell and how you sell it. Each application is underwritten, and approval is not guaranteed.

Apply for processing See pricing

01Tell us what you sell and how
02Underwriting reviews your business
03Process through TagadaPay alongside your other processors