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.
                                                                   LBD15229-04-0

        A. 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.
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