Bill Text: NY A10138 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; increases the penalty amount for the sale or promotional distribution of dietary supplements containing ephedra.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-12 - referred to consumer affairs and protection [A10138 Detail]
Download: New_York-2019-A10138-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10138 IN ASSEMBLY March 12, 2020 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building and increasing civil penalties for the sale or promotional distribution of dietary supple- ments containing ephedra The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 391-oo to read as follows: 3 § 391-oo. Sale of over-the-counter diet pills and dietary supplements 4 for weight loss or muscle building. 1. No person, firm, corporation, 5 partnership, association, limited liability company, or other entity 6 shall sell or offer to sell or give away, as either a retail or whole- 7 sale promotion, an over-the-counter diet pill or dietary supplement for 8 weight loss or muscle building within New York state to any person under 9 eighteen years of age. 10 2. For purposes of this section the following terms shall have the 11 following meanings: 12 (a) "dietary supplements for weight loss or muscle building" means a 13 class of dietary supplement as defined in section three hundred ninety- 14 one-o of this article sold for or used with the intent to achieve weight 15 loss or build muscle; 16 (b) "over-the-counter diet pills" means a class of drugs, sold for or 17 used with the intent to achieve weight loss or build muscle that are 18 lawfully sold, transferred, or furnished over-the-counter with or with- 19 out a prescription pursuant to the federal food, drug, and cosmetic act, 20 21 U.S.C. section 301 et. seq., or regulations adopted thereunder; and 21 (c) "dietary supplements for weight loss or muscle building" and 22 "over-the-counter diet pills" may include, but are not limited to, ther- 23 mogens, which are substances that produce heat in the body and promote 24 more calorie burning, lipotropics, which are compounds that help break 25 down fat during body metabolism, hormones, including hormone modulators EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15229-04-0A. 10138 2 1 and hormone mimetics, appetite suppressants, or ingredients deemed adul- 2 terated under 21 U.S.C.A § 342. 3 3. Any person, firm, corporation, partnership, association, limited 4 liability company, or other entity that that violates the provisions of 5 this section by selling, offering to sell, or giving away as either a 6 retail or wholesale promotion, an over-the-counter diet pill or dietary 7 supplement for weight loss or muscle building to a person under eighteen 8 years of age shall be subject to a civil penalty or not more than two 9 thousand dollars per violation, recoverable in an action by any enforce- 10 ment authority designated by any municipality or political subdivision. 11 4. Any violation of this section shall constitute a deceptive act or 12 practice pursuant to article twenty-two-A of this chapter. 13 § 2. Subdivision 4 of section 391-o of the general business law, as 14 added by chapter 385 of the laws of 2003, is amended to read as follows: 15 4. Any person, firm, corporation, partnership, association, limited 16 liability company, or other entity that violates the provisions of this 17 section by selling, offering to sell, or giving away as either a retail 18 or wholesale promotion, a dietary supplement containing any quantity of 19 ephedrine alkaloids shall be subject to a civil penalty of not more than 20 [five hundred] two thousand dollars per violation, recoverable in an 21 action by any enforcement authority designated by any municipality or 22 political subdivision. 23 § 3. The department of health, in consultation with other state and 24 federal agencies, as appropriate, and relevant stakeholders including, 25 but not limited to, the eating disorders community, shall determine what 26 products constitute over-the-counter diet pills, or dietary supplements 27 for weight loss or muscle building shall have limited accessibility. 28 § 4. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law.