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AB-1341 Dietary supplements for weight loss and over-the-counter diet pills.(2021-2022)

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Date Published: 04/28/2021 09:00 PM
AB1341:v97#DOCUMENT

Amended  IN  Assembly  April 28, 2021
Amended  IN  Assembly  April 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1341


Introduced by Assembly Members Cristina Garcia and Aguiar-Curry Cristina Garcia, Aguiar-Curry, and Lorena Gonzalez
(Coauthor: Assembly Member Carrillo)(Coauthors: Assembly Members Bauer-Kahan and Carrillo)

February 19, 2021


An act to add Section 110423.7 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1341, as amended, Cristina Garcia. Dietary supplements for weight loss and over-the-counter diet pills.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age.
This bill, commencing July 1, 2022, would prohibit a retail establishment from selling dietary supplements for weight loss and over-the-counter diet pills, as defined, to any person under 18 years of age. age without a prescription. The bill would require a retail establishment, among other things, to limit access to those products, as specified, and would require the department to determine which products will be subject to those access limitations. The bill would also require the department to develop a health-related notice regarding those products, and would require a retail establishment to conspicuously post that notice at each purchase counter. The bill would make a violation of these provisions by a retail establishment subject to a civil penalty of no more than $1,000. $1,000 for each violation. The bill would expressly exempt a retail clerk from civil penalties, or disciplinary action or discharge by the retail establishment, for a violation of the bill, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 110423.7 is added to the Health and Safety Code, to read:

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 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. other retail stores, and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application.
(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. age without a prescription.
(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: subdivision if the retail establishment sells, transfers, or otherwise furnishes dietary supplements for weight loss or over-the-counter diet pills to customers who are physically present at the retail establishment:
(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

(4) On any notice informing the public of the requirement under paragraph (3), include immediately thereafter the notice developed by the State Department of Public Health pursuant to subdivision (e). (d) in exactly the font, type color, and type size as the notice informing the public of the requirement under paragraph (3).

(e)

(d) (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 pursuant to paragraph (4) of subdivision (c) 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)

(e) Notwithstanding Section 111825, a violation of person who violates subdivision (b), (c), or (d) (b) or (c) shall be punishable by liable for a civil penalty of no more than one thousand dollars ($1,000). ($1,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.

(g)

(f) A retail clerk shall not be subject to any civil penalty, or to any disciplinary action or discharge by the retail establishment for a violation of this section. This subdivision shall not apply to a retail clerk who is a willful participant in an ongoing criminal conspiracy to violate this section.

(h)

(g) This section shall become operative July 1, 2022.
(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.