Prohibits the sale of over-the-counter weight loss supplements to minors and requires education to minors of the effects of weight loss supplements

Section 2 adds a new section 391-00 to the general business law, which prohibits the sale of over-the-counter weight loss supplements to individuals under eighteen years of age, as demonstrated by a driver's license or other acceptable photographic identification. It also requires businesses that sell such supplements to display a sign in a conspicuous location stating that the sale of over-the-counter weight loss supplements to persons under eighteen years of age is prohibited by law.

Section 3 amends the public health law by adding a new article 13-1, which prohibits the sale of over-the-counter weight loss supplements to persons under eighteen years of age, and establishes a weight loss supplement public awareness program. Subsection 1399-yy of article 13-1 directs the commissioner of the department of health to establish an educational outreach program for weight loss supplement awareness by providing for educational outreach services, in conjunction with the department of education, directed at teenagers, pre-teenagers, parents, siblings, teachers, guidance counselors, principals and superintendents.

Section 4 sets forth the effective date of the act.

Justification

Eating disorders overwhelmingly affect teenagers, with 40 to 60 percent of high school girls reporting that they diet regularly. Recent reports also indicate that the growing public health epidemic of eating disorders is not limited to older teens-30 to 40 percent of junior high girls report that they worry about their weight, and children as young as five or six years old have shown symptoms of disordered eating. Many of these teens and pre-teens turn to over-the-counter weight loss supplements in an attempt to lose weight. Unfortunately, it is up to the consumer to determine how effective and safe these weight loss supplements are. Dietary supplements and weight-loss aids are not subject to the same rigorous standards by the Federal Drug Administration (FDA) as are prescription drugs or medications sold over-the-counter. These weight-loss supplements do not have to disclose a full list of ingredients, and often trigger a host of harmful side effects, including nausea, high blood pressure, diarrhea, indigestion, heart rate irregularities, insomnia, vomiting, or worse. This "buyer beware" policy is troublesome enough regarding adult consumers, but it is particularly alarming with regard to teenagers and children. Warning labels on many of these products alert that they are "for adult use only," or are "not for use by individuals under 18 years of age," but yet there are no regulations which restrict a retailer from selling these products to children. While we protect our children from over-the-counter allergy medications like Claritin, we allow unfettered access to untested weight-loss supplements that could wreak potentially permanent damage on their bodies. This legislation would address this problem by not only making the sale of over-the-counter weight loss supplements to persons younger than 18 a class B misdemeanor, but also by requiring retailers selling these supplements to post in a conspicuous location a sign stating that selling over-the-counter weight loss supplements to persons younger than 18 is a violation of state law. Further, this bill tackles the root of the problem by addressing the demand for weight-loss supplements in teenagers and pre-teens by establishing an education and awareness program through the state Department of Health. Using a range of media tools and in conjunction with the department of education, the health department will raise public awareness of the risks associated with use of over-the-counter weight loss supplements by young people.

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law; provided, however, that section three of this act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed.