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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10138
SPONSOR: Rozic TITLE OF BILL:
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
PURPOSE:
To implement restrictions on the sale of diet pills and muscle building
supplements and ban the sale of those items to minors.
SUMMARY OF PROVISIONS:
Section 1 adds new section 391-0o to the general business law.
Subsection 2 prohibits the sale of over-the-counter diet pills or
dietary supplements for weight loss or muscle building to minors.
Subsection 2 defines the following terms:
*Dietary supplements for weight loss or muscle building
*Over-the-counter diet pills
Subsection 3 establishes the civil penalty for violation to be not more
than $2,000 per violation.
Subsection 4 establishes any violation of this section as a deceptive
act or practice pursuant to article 22a of this chapter.
Section 2 sets the penalty for the sale of ephedrine alkaloids to be
$2,000 per violation.
Section 3 requires that the department of health, in consultation with
the FDA, stakeholders such as the eating disorders community, determine
which over the counter diet pills or dietary supplements for weight loss
or muscle building should have limited access for minors.
Section 4 provides the effective date.
JUSTIFICATION:
Eating disorders are a serious public health problem affecting youth and
adults of all races, ages, and genders. The most common eating disorder,
Anorexia Nervosa has the 2nd highest mortality rate of all mental health
conditions. Eating disorders are diagnosed based on a number of crite-
ria, including the presence of what clinicians call unhealthy weight
control behaviors (UWCBs). One UWCB of particular concern is the use of
pills or powders to lose weight or build muscle, which are often sold as
dietary supplements.
Although they are sold alongside multivitamins and other supplements
largely regarded as safe, these products often contain unlisted, illegal
pharmaceutical ingredients that pose serious risk Under the Dietary
Supplement Health and Education Act of 1994 (DSHEA), the U.S. Food and
Drug Administration (FDA) does not have the authority to require proof
of safety or efficacy prior to the sale of these products2. While some
voluntary certifications exist, there is no guarantee that a supplement
contains the listed ingredients. These products have been linked to
outbreaks of liver damage, some severe enough to require transplanta-
tion, and have even caused several high-profile deaths in recent
years3'4. Despite the harms these products can cause, the perception of
risk associated with them is still low.
Age restrictions have been demonstrated to reduce alcohol and tobacco
consumption in adolescents when appropriately enforced5'6. By implement-
ing an age restriction, we can draw attention to the life-threatening
risks that come along with these widely used products. Similar legis-
lation is being considered in Massachusetts and Illinois.
LEGISLATIVE HISTORY:
This is a new bill in the Assembly.
FISCAL IMPACT TO THE STATE:
To be determined.
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.
