senate Bill S8089

2019-2020 Legislative Session

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 17, 2020 referred to consumer protection

S8089 (ACTIVE) - Details

See Assembly Version of this Bill:
A10138
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S16, A431

S8089 (ACTIVE) - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; increases the penalty amount for the sale or promotional distribution of dietary supplements containing ephedra.

S8089 (ACTIVE) - Sponsor Memo

S8089 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8089

                            I N  S E N A T E

                             March 17, 2020
                               ___________

Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
  §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  NO  PERSON,  FIRM,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL  OR  WHOLE-
SALE  PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT FOR
WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
EIGHTEEN YEARS OF AGE.
  2. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "DIETARY  SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING" MEANS A
CLASS OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED  NINETY-
ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
LOSS OR BUILD MUSCLE;
  (B)  "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR OR
USED WITH THE INTENT TO ACHIEVE WEIGHT LOSS OR  BUILD  MUSCLE  THAT  ARE
LAWFULLY  SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR WITH-
OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
  (C) "DIETARY SUPPLEMENTS FOR  WEIGHT  LOSS  OR  MUSCLE  BUILDING"  AND
"OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
MOGENS,  WHICH  ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY AND PROMOTE
MORE CALORIE BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT  HELP  BREAK
DOWN  FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE MODULATORS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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