Restrict Diet Pill Sales

Title of bill

An act to amend the general business law, in relation to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building and increasing civil penalties for the sale or promotional distribution of dietary supple- ments containing ephedra

Purpose

To ban the sale of diet pills and muscle building supplements to minors.

Summary of provisions

Section 1 adds new section 391-0o to the general business law which:

1) Prohibits the sale of over-the-counter diet pills or dietary supple- ments for weight loss or muscle building to minors;

2) Defines the following terms:

a) Dietary supplements for weight loss or muscle building, and

b) Over-the-counter diet pills;

3) Establishes the civil penalty for violation to be not more than $2,000 per violation; and

4) Provides that a violation constitutes a deceptive act or practice.

Section 2 sets the penalty for the sale of ephedrine alkaloids to be not more than $2,000 per violation.

Section 3 requires that the Department of Health, in consultation with other appropriate stakeholders, determine which over the counter diet pills or dietary supplements for weight loss or muscle building should be subject to the prohibition.

Section 4 provides the effective date.

Justification

Eating disorders are a serious public health problem affecting youth and adults of all races, ages, and genders. The most common eating disorder, anorexia nervosa, has the 2nd highest mortality rate of all mental health conditions. Eating disorders are diagnosed based on a number of criteria, including the presence of what clinicians call unhealthy weight control behaviors (UWCBs). One UWCB of particular concern is the use of pills or powders to lose weight or build muscle, which are often sold as dietary supplements.

Although they are sold alongside multivitamins and other supplements largely regarded as safe, these products often contain unlisted, illegal pharmaceutical ingredients that pose serious risks(1). Under the Dietary Supplement Health and Education Act of 1994 (DSHEA), the U.S. Food and Drug Administration (FDA) does not have the authority to require proof of safety or efficacy prior to the sale of these products(2). While some voluntary certifications exist, there is no guarantee that a supplement contains the listed ingredients. These products have been linked to outbreaks of liver damage, some severe enough to require transplanta- tion, and have even caused several high-profile deaths in recent years(3)'(4). Despite the harms these products can cause, the perception of risk associated with them is still low.

By implementing an age-based restriction on sales, we can draw attention to the serious health risks of using these products.

Legislative history

New bill

Fiscal implications

To be determined.

Effective date

This act shall take effect 180 days after it becomes law. 1 Cohen PA, Mailer G, DeSouza R, NealKababick J. Presence of banned drugs in dietary supplements following FDA recalls. J Am Med Assoc. 2014;312(16): 1691-1693. doi:10.1001/jama.2014.10308. 2 Cohen PA, Goday A, Swann JP. The Return of Rainbow Diet Pills. Am J Public Health. 2012;102(9):1676-1686 3 Morris S. Woman died after accidental overdose of highly toxic diet pills. The Guardian. https://www.theguardian.com/ society/2015/jul/23/womandiedaccidentaloverdose-highly-toxic- dietpill- seloise-parry. Published July 23, 2015 4 Singer N, Lattman P. A Workout Booster, and a Lawsuit. The New York Times. http://www.nytimes.com/2013/02/14/ business/death-after-use-ofjack3dshowsgap-in-regulation.html. Published February 14, 2013.