Bill > S3987

Introduced Session

This bill prohibits the sale of certain diet pills and dietary supplements to minors. Specifically, the bill prohibits a person, firm, corporation, partnership, association, limited liability company, or other entity from selling any over-the-counter diet pill or dietary supplement for weight loss or muscle building to a minor under 18 years of age, unless the minor is accompanied by a parent or guardian. The bill defines "dietary supplement for weight loss or muscle building" to mean a class of dietary supplements that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, but shall not include protein powders, protein drinks, or 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 pill" means 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, pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq., or pursuant to regulations adopted thereunder. Under the bill, no person is to complete a delivery of any over-the-counter diet pill or dietary supplement for weight loss or muscle building to a residence in this State without first obtaining the signature of an individual who is at least 18 years of age and who resides in that residence. The bill establishes a defense against prosecution for a violation of this provision, as well as an exemption for postal workers. A person who violates the bill's provisions is to be liable to a civil penalty of not more than $750. The civil penalty is to be collected by and in the name of the State by the local health agency pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. The bill establishes criteria for a court to consider 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 bill's provisions do not apply to any over-the-counter diet pill or dietary supplement for weight loss or muscle building that has been prescribed by a licensed health care professional. Nothing in the bill is to be construed to impose liability on news media that accept advertising, publish advertising, or both for any over-the-counter diet pill or dietary supplement for weight loss or muscle building.

Committee Categories

Raj Mukherji (D)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 12/19/2024)

Official Document