Bill Text: IL HB3027 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB3027 Detail]

Download: Illinois-2025-HB3027-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3027 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
New Act
Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Ban on
Harmful Supplements for Minors Act.
Section 5. Definitions. In this Act:
"Caffeine" or "1, 3, 7-trimethylxanthine" means a
naturally-occurring drug that is a member of the
methylxanthine class of compounds with stimulant effects.
"Delivery sale" means any sale of over-the-counter diet
pills or dietary supplements for weight loss or muscle
building to a consumer if:
(1) the consumer submits the order for the sale by
means of a telephone or other method of voice
transmission, the U.S. Postal Service or other delivery
service, or the Internet or other online service, or the
seller is otherwise not in the physical presence of the
buyer when the request for purchase or order is made; or
(2) the over-the-counter diet pills or dietary
supplements for weight loss or muscle building are
delivered to the buyer by common carrier, private delivery
service, or other method of remote delivery, or the seller
is not in the physical presence of the buyer when the buyer

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obtains possession of the over-the-counter diet pills or
dietary supplements for weight loss or muscle building.
"Delivery seller" means a person, including an online
retailer, who makes delivery sales of over-the-counter diet
pills or dietary supplements for weight loss or muscle
building.
"Dietary supplement" means:
(1) a product, other than tobacco, intended to
supplement the diet that bears or contains one or more of
the following dietary ingredients:
(A) a vitamin;
(B) a mineral;
(C) an herb or other botanical;
(D) an amino acid;
(E) a dietary substance for use by a person to
supplement the person's diet by increasing the total
dietary intake; or
(F) a concentrate, metabolite, constituent,
extract, or combination of any ingredient described in
paragraph (A), (B), (C), (D), or (E).
(2) a product:
(A) that is ingested orally;
(B) is not represented for use as a conventional
food, or as a sole item of meal or the diet; or
(C) is labeled as a dietary supplement.
"Dietary supplement for weight loss or muscle building"

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means a dietary supplement that is labeled, marketed, or
otherwise represented for the purpose of achieving weight loss
or building muscle. "Dietary supplement for weight loss or
muscle building" does not include items marketed as containing
essential nutrients, probiotics, or caffeine, unless the
recommended serving of caffeine includes more than 400 mg per
day and unless the product marketed contains ingredients other
than essential nutrients, probiotics, or caffeine, which alone
would be considered a dietary supplement for weight loss or
muscle building.
"Dietary supplement that is labeled, marketed, or
otherwise represented for the purpose of achieving weight loss
or building muscle" or "drug that is labeled, marketed, or
otherwise represented for the purpose of achieving weight
loss" means either:
(1) the product contains:
(A) an ingredient or product approved by the U.S.
Food and Drug Administration for weight loss or muscle
building;
(B) a steroid; or
(C) an ingredient included in the National
Institutes of Health's Dietary Supplements for Weight
Loss fact sheet or Dietary Supplements for Exercise
and Athletic Performance fact sheet, except for any
essential nutrients, probiotics, or caffeine under 400
mg;

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(2) the product's labeling or marketing bears
statements or images that express or imply that the
product will help:
(A) modify, maintain, or reduce body weight, fat,
appetite, overall metabolism, or the process by which
nutrients are metabolized; and
(B) maintain or increase muscle or strength;
(3) the product or its ingredients are otherwise
represented for the purpose of achieving weight loss or
building muscle;
(4) the retailer has categorized the dietary
supplement for weight loss or muscle building by:
(A) placing signs, categorizing, or tagging the
supplement with statements described paragraph (2) of
this definition; or
(B) otherwise representing that the product is for
weight loss or muscle building; or
(5) the Attorney General or the Department of Public
Health has, by rule, denoted the dietary supplement or
drug as a dietary supplement that is labeled, marketed, or
otherwise represented for the purpose of achieving weight
loss or building muscle or a drug that is labeled,
marketed, or otherwise represented for the purpose of
achieving weight loss.
"Drug" means:
(1) articles recognized in the official United States

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Pharmacopoeia-National Formulary, official Homeopathic
Pharmacopoeia of the United States, or any supplement to
any of them;
(2) articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or
other animals;
(3) articles (other than food) intended to affect the
structure or any function of the body of man or other
animals; and
(4) articles intended for use as a component of any
article specified in paragraph (1), (2), or (3).
"Essential nutrient" means any nutrient that the human
body needs and that must be taken from outside the body.
"Essential nutrient" includes any nutrient, whether an
element, vitamin, or macronutrient, that is included in the
National Institutes of Health and the Food and Nutrition Board
of the National Academies of Sciences, Engineering, and
Medicine Daily Reference Intakes (DRI).
"Over-the-counter diet pill" means a drug that is labeled,
marketed, or otherwise represented for the purpose of
achieving weight loss for which a prescription is not required
under the U.S. Food, Drug and Cosmetic Act.
"Probiotics" means live microorganisms that are ingested
with the intent to beneficially affect the host and provide
health benefits, such as through improving intestinal
microbial balance.

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"Proof of legal age" means:
(1) a valid driver's license or non-driver's
identification card which indicates that the individual is
at least 18 years of age and that is issued by this State;
the federal government; any United States territory,
commonwealth, or possession; the District of Columbia; a
state government within the United States; or a provincial
government of Canada;
(2) a valid passport issued by the United States or
any other country recognized by the United States,
indicating that the individual is at least 18 years of
age; or
(3) an identification card issued by the armed forces
of the United States, indicating that the individual is at
least 18 years of age.
"Retail establishment" means any vendor that, in the
regular course of business, sells dietary supplements for
weight loss or muscle building or over-the-counter diet pills
at retail directly to the public, including, but not limited
to, pharmacies, grocery stores, other retail stores, and
vendors that accept orders placed by mail, telephone,
electronic mail, Internet website, online catalog, or software
application.
Section 10. Prohibited sale to minors. No person shall
sell, offer to sell, or give away, as either a retail or

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wholesale promotion, an over-the-counter diet pill or dietary
supplement for weight loss or muscle building to any person
under 18 years of age, unless that individual has a
prescription for that item. Retail establishments shall
require proof of legal age for purchase of such products.
Section 15. Responsibilities of retail establishments.
(a) A retail establishment shall request valid
identification and proof of legal age from any person who
attempts to purchase a dietary supplement for weight loss or
muscle building or an over-the-counter diet pill if the retail
establishment cannot reasonably determine that the person
appears to be at least 18 years of age or has a prescription.
(b) Any person operating a retail establishment may
perform a transaction scan as a precondition for the purchase
of over-the-counter diet pills or dietary supplements for
weight loss or muscle building if the information deciphered
by the transaction scan fails to match the information printed
on the driver's license or non-driver identification card. If
the transaction scan indicates that the information in the
proof of legal age is false or fraudulent, the attempted
transaction shall be denied. The operator may confiscate the
false proof of legal age and submit it to local law
enforcement.
(c) A retail establishment or the employees of a retail
establishment shall only use a device capable of deciphering

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any electronically readable format, and shall only use the
information recorded and maintained through the use of such
devices, for the purposes contained in this Act. No retail
establishment or employee of such establishment shall resell
or disseminate the information recorded during a scan to any
third persons. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or
promotional activities. Notwithstanding the restrictions
imposed by this Section, such records may be released under a
court ordered subpoena or under any other statute that
specifically authorizes the release of the information.
(d) A retail establishment or the employees of a retail
establishment may electronically or mechanically record and
maintain only the information from a transaction scan
necessary to effectuate this Act. Such information shall be
limited to the following: (i) name, (ii) date of birth, (iii)
driver's license or non-driver identification number, and (iv)
expiration date of the driver's license or identification
card.
Section 20. Responsibilities of delivery sellers.
(a) Notwithstanding subsection (a) of Section 15, an
online retailer or other delivery seller who mails or ships
over-the-counter diet pills or dietary supplements for weight
loss or muscle building to consumers:
(1) shall not sell, deliver, or cause to be delivered

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any over-the-counter diet pills or dietary supplements for
weight loss or muscle building to a person under 18 years
of age, unless the person in question has a prescription;
(2) shall use a method of mailing or shipping that
requires:
(A) the purchaser placing the delivery sale order,
or an adult who is at least 18 years of age, to sign to
accept delivery of the shipping container at the
delivery address; and
(B) the person who signs to accept delivery of the
shipping container to provide proof of legal age; and
(3) shall not accept a delivery sale order from a
person without obtaining the full name, birth date, and
residential address of that person.
(b) No delivery seller or employee of such establishment
shall resell or disseminate the information recorded to any
third person. Such prohibited resale or dissemination includes
but is not limited to any advertising, marketing, or
promotional activities. Notwithstanding the restrictions
imposed by this subdivision, such records may be released
pursuant to subpoena or under any other law that specifically
authorizes the release of such information.
Section 25. Remedies.
(a) Whenever there shall be a violation of this Act, an
application may be made by the Attorney General in the name of

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the people of the State of Illinois to a court having
jurisdiction by a special proceeding to issue an injunction,
and, upon notice to the defendant of not less than 5 days, to
enjoin and restrain the continuance of such violation; and, if
it shall appear to the satisfaction of the court that the
defendant has, in fact, violated this Act, an injunction may
be issued by the court, enjoining and restraining any further
violations, without requiring proof that any person has, in
fact, been injured or damaged thereby.
(b) Any person who violates any provision of this Act is
liable for a civil penalty of up to $1,000 per violation.
(c) It shall be an affirmative defense to any prosecution
under this Act that such person has produced a driver's
license or non-driver's license identification card apparently
issued by a governmental entity, successfully completed that
transaction scan, and that over-the-counter diet pills or
dietary supplements for weight loss or muscle building were
sold, delivered, or given to such person in reasonable
reliance upon such identification and transaction scan.
Evaluating the applicability of such affirmative defense, the
court shall take into consideration any written policy adopted
and implemented by the seller to effectuate the provisions of
this Act. Use of a transaction scan shall not excuse any person
operating a retail establishment from the exercise of
reasonable diligence otherwise required by this Act.

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Section 30. Rulemaking. The Attorney General or the
Department of Public Health may adopt rules identifying any
product that is a dietary supplement that is labeled,
marketed, or otherwise represented for the purpose of
achieving weight loss or building muscle or a drug that is
labeled, marketed, or otherwise represented for the purpose of
achieving weight loss. The Department of Public Health may
adopt other rules as necessary to implement this Act.