When Food and Wellness Companies Need Licensed Dietitians

Meal kit companies, supplement brands, grocery chains, fitness apps and corporate wellness vendors all talk about nutrition. Most of them do not need a licensed dietitian to do it. State dietitian laws are written with exemptions for selling food, explaining products and sharing general nutrition information. The trouble starts when a company moves from general information to individualized care for a medical condition, runs a weight control program, or puts the word "dietitian" in front of someone who is not one.

What can a company do without a licensed dietitian?

Quite a lot, in most of the states we reviewed. The common exemptions are for selling and explaining food and supplements, and for general information:

• Florida exempts a person who markets or distributes food, food materials or dietary supplements, or explains their use and benefits, "if that person does not engage for a fee in dietetics and nutrition practice or nutrition counseling" (Fla. Stat. 468.505(1)(g)). It also protects "the free dissemination of information, or... conducting a class or seminar or giving a speech, related to nutrition" (468.505(2)).
• Ohio exempts the sale, marketing and distribution of food and supplements and explaining their use, as long as the people involved do not use restricted titles and the explanation does not violate Chapter 1345 of the Revised Code (Ohio Rev. Code 4759.10(H)). Supplement sellers may make specified label-consistent statements, such as describing a nutrient's role in the body's structure or function (4759.10(I)).
• Illinois exempts verbal nutrition information by an operator or employee of a health food store or business that sells health products, and written general nonmedical nutrition information in connection with marketing those products, "including explanations of their federally regulated label claims" (225 ILCS 30/20(f)). It also exempts general wellness services that are not medical nutrition therapy (30/20(j)).
• Maine exempts "individuals who give general nutrition-related information" and "persons who market or distribute food, food materials or dietary supplements" (32 M.R.S. § 9915).
• Georgia exempts people marketing or distributing food and supplements, including health food store employees, provided they are not intentionally deceptive and do not use the title "dietitian" (O.C.G.A. 43-11A-18(8), as quoted on the Academy of Nutrition and Dietetics' state page).

Where does a company cross the line?

Individualized care for a medical condition

Illinois defines medical nutrition therapy as "nutrition care services provided for the treatment or management of a disease or medical condition," including food and nutrition counseling and medical weight control, and requires a license to provide it (225 ILCS 30/10 and 30/15). Florida's wellness exemption ends where the client is "under the direct care and supervision of a medical doctor for a disease or medical condition requiring nutrition intervention, not including obesity or weight loss" (Fla. Stat. 468.505(1)(n)). Ohio restricts the practice of dietetics generally (Ohio Rev. Code 4759.02). A company app that builds meal plans for users' kidney disease is in different territory from one that suggests balanced lunches.

Weight control programs

Several states let weight control programs run without a dietitian on staff only if a qualified professional has approved the program:

• Florida: the program must have been "reviewed by, consultation is available from, and no program change can be initiated without prior approval by" a licensed dietitian/nutritionist, a dietitian licensed in a state with comparable standards, or a registered dietitian (Fla. Stat. 468.505(1)(j)).
• Maine: the same review, consultation and change-approval conditions, plus a program that recommends physician consultation or requires physician referral for conditions such as heart disease, diabetes and pregnancy (32 M.R.S. § 9915(5)).
• Ohio: a general program of instruction for weight control "approved in writing by a licensed dietitian," a physician, a comparable out-of-state licensee or a registered dietitian (Ohio Rev. Code 4759.10(J)).
• Georgia: review, consultation and change approval by a Georgia-licensed dietitian, a dietitian licensed in a substantially equal state, or a registered dietitian (O.C.G.A. 43-11A-18(7), as quoted on the Academy's page).
• Illinois: medical weight control for people with prediabetes or obesity under a program approved in writing by an Illinois dietitian nutritionist or appropriate licensed health care professional, or as part of a plan of care they oversee (225 ILCS 30/20(h-5)).

If your company sells a weight program in these states, a dietitian's documented review is part of how the exemption works.

Titles

Titles are restricted even where practice is open. In Ohio, no one but a licensee may use the title "dietitian" (Ohio Rev. Code 4759.02(B)). In Illinois, "dietitian," "dietitian nutritionist" and "L.D.N." are reserved (225 ILCS 30/80). Washington protects "certified dietitian" and "certified nutritionist" (RCW 18.138.020), and New York requires certification to use "Certified Dietitian" or "Certified Nutritionist." Texas reserves "licensed dietitian" and "LD." Marketing copy, job titles and app labels like "your dietitian" need to match who is actually credentialed in the states where users are.

Is California different?

Yes. California has no dietitian license. Its Business and Professions Code section 2068, as quoted on the Academy's California page (updated June 2025), says the chapter does not prohibit "any person from providing nutritional advice or giving advice concerning proper nutrition," but confers no authority "to undertake the prevention, treatment, or cure of disease." It also requires anyone "in commercial practice providing nutritional advice" to post a prominent notice explaining those limits, with minimum size and lettering rules. A company with a California storefront or clinic offering nutrition advice should read that section. See California and the dietitian title.

When does a company need a licensed dietitian, not just a consultant?

1. When users receive individualized nutrition care for a disease or condition in states that restrict MNT or dietetics practice. The dietitian providing it needs a license in each user's state.
2. When a weight control program relies on an exemption that requires a dietitian's review and approval.
3. When anyone is called a dietitian, in marketing or in the product.
4. When the company bills Medicare or other payers. Medicare's MNT benefit requires licensure "by the State in which the services are performed" (42 CFR 410.134).

For telehealth nutrition services, see what telehealth nutrition companies expect from licenses and licensing compliance for employers.

Which questions should a dietitian joining a food or wellness company ask?

• Which states are the users in, and will I be providing individualized care to them?
• Will I be reviewing a weight control program, and how is that approval documented?
• What title will the company use for me, and does it match my credentials in each state?
• Who pays for licenses and continuing education?

How can we help companies and the dietitians they hire?

Start with the Dietitian Licensing Readiness Review ($149) for each dietitian: we map the states where users are and what your service requires there. For dietitians who need licenses in several states, our Multi-State Telehealth Package covers three states for $1,499 or five for $2,299, and the Annual Renewal & CE Compliance service ($299 per license, per year) keeps them current. We prepare and track every application; each dietitian reviews and signs it, pays the board and submits it. We do not give legal advice on product claims or marketing; talk to counsel for that. To discuss a team, contact us.