110423.7.
(a) As used in this section, the following terms have the following meanings:(1) “Dietary supplements for weight loss” means a class of dietary supplements sold for or used with the intent to achieve weight loss that are lawfully sold, transferred, or furnished over the counter, with or without a prescription, under the regulation of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), and regulations adopted thereunder. “Dietary supplements for weight loss” may include, but are not limited to, thermogens, lipotropics, hormones, including hormone modulators and hormone mimetics, appetite suppressants, and ingredients deemed adulterated under Section 342 of Title 21 of the United States Code.
(2) “Lipotropics” means compounds that help break down fat during body metabolism.
(3) “Over-the-counter diet pills” means a class of drugs sold for or used with the intent to achieve weight loss that are lawfully sold, transferred, or furnished without a prescription, under the regulation of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), and regulations adopted thereunder. “Over-the-counter diet pills” may include, but are not limited to, thermogens, lipotropics, hormones, including hormone modulators and hormone mimetics, appetite suppressants, and ingredients deemed adulterated under Section 342 of Title 21 of the United States Code.
(4) “Retail establishment” means any vendor that, in the regular course of business, sells dietary
supplements for weight loss or over-the-counter diet pills at retail directly to the public, including, but not limited to, pharmacies, grocery stores, mail-order or internet sale, and other retail stores.
(5) “Thermogens” means substances that produce heat in the body and promote more calorie burning.
(b) A retail establishment shall not sell, transfer, or otherwise furnish dietary supplements for weight loss or over-the-counter diet pills to any person under 18 years of age.
(c) A retail establishment shall do all of the following with respect to the dietary supplements for weight loss and over-the-counter diet pills determined by the State Department of Public Health to be subject to this subdivision:
(1) Limit access to those products in a manner designed to prevent the misuse or abuse of those products.
(2) Prohibit direct access to those products by customers, and limit direct access only to managers, assistant managers, acting managers, or any other supervisory personnel at the retail establishment.
(3) Require a customer to request a purchase, transfer, or furnishing of those products directly to the manager, assistant manager, acting manager, or other supervisory personnel at the retail establishment.
(d) A retail establishment shall conspicuously post at each purchase counter the notice developed by the State Department of Public Health pursuant to subdivision
(e).
(e) (1) The State Department of Public Health, in consultation with the United States Food and Drug Administration and stakeholders, including, but not limited to, representatives from the eating disorders community, shall determine which dietary supplements for weight loss and over-the-counter diet pills shall be subject to the access limitations described in subdivision (c).
(2) The State Department of Public Health shall develop a notice for distribution to retail establishments to post that certain dietary supplements for weight loss or over-the-counter diet pills are known to cause gastrointestinal impairment, tachycardia, hypertension, myocardial infarction, stroke, organ failure, other serious injury, death, and severe liver injury sometimes requiring transplant or leading to death.
(f) Notwithstanding Section 111825, a violation of subdivision (b), (c), or (d) shall be punishable by a civil penalty of no more than one thousand dollars ($1,000).
(g) A violation of this section shall constitute an unfair practice subject to the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code).
(h) This section shall become operative July 1, 2022.