NY Prohibits Sale of Diet Pills, Weight Loss, and Muscle Building Products to Minors

U.S. – New York State recently passed S5823C / A5610D prohibiting the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building to any person under 18 years of age. The law applies to both retail and online sales. Retail establishments shall require proof of legal age to purchase such products. Online retailers shall utilize a shipping method that requires the individual who signs and accepts the delivery to provide identification that they are at least 18 years of age.

For the purposes of the law:
• “Dietary supplements for weight loss or muscle building” means a class of dietary supplement represented for the purpose of achieving weight loss or muscle building, but shall not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powder, protein drink, or food marketed as containing protein contains an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss or muscle building.
• “Over-the-counter diet pills” is defined as a class of drugs labeled, marketed, or otherwise represented for the purpose of achieving weight loss that are lawfully sold, transferred, or furnished over-the-counter with or without a prescription.

When determining whether an over-the-counter diet pill or dietary supplement is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, the court shall consider, but is not limited to, the following factors:
(a)    Whether the product contains:
(i)    An ingredient approved by the US FDA for weight loss or muscle building;
(ii)    A steroid; or
(iii)    Creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract;
(b)    Whether the product's labeling or marketing bears statements or images that express or imply that the product will help:
(i)    Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized; or
(ii)    Maintain or increase muscle or strength;
(c)    Whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle; or
(d)    Whether the retailer has categorized the dietary supplement for weight loss or muscle building by:
(i)    Placing signs, categorizing, or tagging the supplement with statements described in (b);
(ii)    Grouping the supplements with other weight loss or muscle building products in a display, advertisement, webpage, or area of the store; or
(iii)    Otherwise representing that the product is for weight loss or muscle building.

The bill takes effect 180 days after it became law.

Senate Bill S5823C: https://www.nysenate.gov/legislation/bills/2023/S5823/amendment/C
Assembly Bill A5610D: https://www.nysenate.gov/legislation/bills/2023/A5610/amendment/D

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23B-104

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