Davidson Introduces Bill to Protect Servicemembers From Separation Over Unknowingly Using Restricted Supplements

WASHINGTON, D.C. - Today, May 21, 2026, U.S. Representative Warren Davidson (R-OH) introduced the Protecting Enlisted and Recruits From Excessive and Catastrophic Trials (PERFECT) Act to reform how the Department of War handles cases involving servicemembers who accidentally use legally available dietary supplements that appear on the DOW's prohibited list.

Current DOW policy treats possession of a banned dietary supplement as the same level offense as possession of a Schedule I drug, triggering mandatory administrative separation proceedings regardless of the intent or circumstance. Enlisted servicemembers are currently expected to search the DOW's Operation Supplement Safety (OPSS) portal ingredient by ingredient to verify compliance without any publicity of newly banned supplements.

The Senate version of this bill was introduced by Senator Mike Lee (R-UT).

"Our trained servicemembers should not be kicked out of the military for the honest mistake of taking the wrong legally available supplement they bought at GNC," said Davidson. "Treating an innocent oversight the same as possession of a Schedule I drug is disproportionate and wrong. The PERFECT Act gives COs the flexibility to handle first offenses in-unit and updates the confusing DOW portal that left servicemembers searching ingredient by ingredient and in the dark about newly banned supplements."

"Firing our upstanding military servicemembers for unknowingly taking the wrong supplement makes no sense, particularly when its ingredients are fully legal for civilians and likely even purchased on base," said Senator Mike Lee. "The list of prohibited ingredients for servicemembers is very long, ever-changing, and difficult to access. Our troops need better transparency to avoid breaking these rules in the first place, and they deserve some flexibility for first offenses and honest mistakes. This bill will bring improved transparency to prevent violations, and allow commanding officers to judge good faith when it comes to their own troops."

Read the full text of the bill HERE.

The PERFECT Act

• Requires the Secretary of War to publish a full list of prohibited ingredients every 90 days, allowing servicemembers to view the full list rather than only using a search feature.
• Allows commanding officers to elect not to subject servicemembers to discipline or separation if:
• • The offense was the first such offense by the servicemember
  • The servicemember agrees to participate in education, counseling, or drug testing
  • The commanding officer determines that the servicemember was acting in "good faith," meaning at least one of the following apply:
  • • The servicemember had no knowledge that the dietary supplement contained a prohibited ingredient
    • The supplement was purchased from a retail facility affiliated with the Department of War
    • The servicemember reasonably relied on the published list but failed to identify that the ingredient was prohibited due to a misspelling or variation in the name of such ingredients (some manufacturers of prohibited ingredients create chemical analogs or change the name of ingredients, and some use umbrella ingredient names that obscure constituent ingredients identities)
    • The servicemember demonstrates reasonable belief that such supplement does not contain a prohibited ingredient.
  • Note: This flexibility does not apply to servicemembers found to be in possession of dangerous or illicit drugs that appear on the Controlled Substances Act, such as heroin, marijuana, cocaine, etc.

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