Assembly Bill A431C

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    431
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred to the Committee on Consumer Affairs and 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02670-01-1

 A. 431                              2
 
   (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
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY  COMPANY, OR OTHER ENTITY THAT THAT VIOLATES THE PROVISIONS OF
 THIS SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY  AS  EITHER  A
 RETAIL  OR WHOLESALE PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY
 SUPPLEMENT FOR WEIGHT LOSS OR MUSCLE BUILDING TO A PERSON UNDER EIGHTEEN
 YEARS OF AGE SHALL BE SUBJECT TO A CIVIL PENALTY OR NOT  MORE  THAN  TWO
 THOUSAND DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCE-
 MENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION.
   4.  ANY  VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT OR
 PRACTICE PURSUANT TO ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   § 2. Subdivision 4 of section 391-o of the general  business  law,  as
 added by chapter 385 of the laws of 2003, is amended to read as follows:
   4.  Any  person,  firm, corporation, partnership, association, limited
 liability company, or other entity that violates the provisions of  this
 section  by selling, offering to sell, or giving away as either a retail
 or wholesale promotion, a dietary supplement containing any quantity  of
 ephedrine alkaloids shall be subject to a civil penalty of not more than
 [five  hundred]  TWO  THOUSAND  dollars per violation, recoverable in an
 action by any enforcement authority designated by  any  municipality  or
 political subdivision.
   §  3.  The  department of health, in consultation with other state and
 federal agencies, as appropriate, and relevant  stakeholders  including,
 but not limited to, the eating disorders community, shall determine what
 products  constitute over-the-counter diet pills, or dietary supplements
 for weight loss or muscle building shall have limited accessibility.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  431--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02670-02-1

 A. 431--A                           2
 
 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
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS.
   §  2.  Subdivision  4 of section 391-o of the general business law, as
 added by chapter 385 of the laws of 2003, is amended to read as follows:
   4. Any person, firm, corporation,  partnership,  association,  limited
 liability  company, or other entity that violates the provisions of this
 section by selling, offering to sell, or giving away as either a  retail
 or  wholesale promotion, a dietary supplement containing any quantity of
 ephedrine alkaloids shall be subject to a civil penalty of not more than
 [five hundred] TWO THOUSAND dollars per  violation,  recoverable  in  an
 action  by  any  enforcement authority designated by any municipality or
 political subdivision.
   § 3. The department of health, in consultation with  other  state  and
 federal  agencies,  as appropriate, and relevant stakeholders including,
 but not limited to, the eating disorders community, shall determine what
 products constitute over-the-counter diet pills, or dietary  supplements
 for weight loss or muscle building shall have limited accessibility.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  431--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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
 
   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  UNLESS  PRESCRIBED OR ORDERED BY A HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02670-09-1

 A. 431--B                           2
 
   (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
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN FIVE HUNDRED DOLLARS.
   §  2.  The  department of health, in consultation with other state and
 federal agencies, as appropriate, and relevant  stakeholders  including,
 but not limited to, the eating disorders community, shall determine what
 products  constitute over-the-counter diet pills, or dietary supplements
 for weight loss or muscle building shall have limited accessibility.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.