11/21/2025
ACT NOW - CALL TO ACTION for New Hampshire Residents: PROTECT OUR ACCESS to Herbal Tinctures
UPDATED - Online summary & details now available via APHA at https://www.ahpa.org/NH_herbal_tinctures
SAMPLE LETTER FURTHER BELOW
MESSAGE FROM MARIA:
I was shocked and dismayed to learn that the NH Liquor Commission recently required several local stores (such as the Concord Food Co-op and Granite State Natural Foods) to remove ALL herbal tinctures (herbal dietary supplement alcohol-based extracts) from its shelves. This includes legally compliant big and small local companies including Herb Pharm, Gaia Herbs, Oregon's Wild Harvest, Vitality Works, WishGarden, Herbal Energetics, Bach Flower Essences, Host Defense, and more. For decades, federal law (such as DSHEA and FDA dietary supplement regulations) protects their status as dietary supplements not alcoholic beverages; these products are legally under FDA dietary supplement regulation, not the liquor commission. However, New Hampshire liquor law title XIII currently lacks language/clarity on this. Efforts are underway, spearheaded by the American Herbal Products Association (APHA) and working alongside the NH Liquor Commission and NH State Senator Tara Reardon to amend current laws with clarifying language to be in compliance with federal regulations and get tinctures back on NH shelves.
👉 ACT NOW: ***NH Residents** are encouraged reach out to both Senator Reardon and your town's representative senator (if not Reardon) to voice your support
See a summary of details and a sample letter via APHA at https://www.ahpa.org/NH_herbal_tinctures
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MORE DETAILS ~
To Be Clear, As Per FEDERAL REGULATIONS:
* Tinctures may contain alcohol as a solvent, but they are NOT alcoholic beverages.
* They’re federally regulated by the FDA as dietary supplements, NOT by the liquor commission.
* They are not and have not been illegal in the state of NH per our laws. However, our laws have some gaps in things they do not include in their language.
* Tinctures have been protected as dietary supplements by federal law including DSHEA and FDA dietary supplement GMPs for decades
* This law/enforcement kerfuffle is harming NH citizen’s freedom and lawful access to herbal remedies and hurting NH businesses.
* The FDA has clear guidance documents distinguishing dietary supplements (which use alcohol as a solvent) from beverages. Their labeling, dose, flavor, purpose, and method of use all clarify this distinction.
There is an effort underway to make the NH legislative language CRYSTAL CLEAR and in compliant with federal regs, rectify the kerfuffle, avoid such confusion in the future, and restore our access to these important remedies.
Senator Tara Reardon and her aid Karen Davis are working with the American Herbal Products Association (AHPA) to propose to amendments to current laws to make it even more explicit that dietary supplements are regulated by the FDA, not the state.
--> I encourage you to support these proposals for amending
N.H. RSA 175:1(XLII) to add in its definition of liquor that it does not include dietary supplements as defined by 21 U.S.C. 321(ff)/DSHEA of 1994 law.
and
N.H. RSA 175:5-a(I) to note that NH liquor law is are not intended to apply to dietary supplements, as defined by 21 U.S.C. 321(ff)/DSHEA of 1994 law, regardless of alcohol percent or proof.
This will bring us in harmony with federal standards and regulatory expectations and bring lawful products back on store shelves where they belong.
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This is real. My sources:
* AHPA website and direct emails and phone conversations with the APHA president
* Phone and email conversations with the store managers of Concord Food Co-op and Granite State Natural Foods
* Phone conversation with the NH Liquor Commission
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Is this important to you? Let them know!
👉 ACT NOW: ***NH Residents** are encouraged reach out to both Senator Reardon and your town's representative senator (if not Reardon) to voice your support
See a summary of details and a sample letter via APHA at https://www.ahpa.org/NH_herbal_tinctures
