Regular Session - March 10, 2022
1191
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 10, 2022
11 11:05 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
1192
1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, March 9, 2022, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, March 8,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Mayer moves
1193
1 to discharge, from the Committee on Consumer
2 Protection, Assembly Bill Number 431C and
3 substitute it for the identical Senate Bill 16D,
4 Third Reading Calendar 624.
5 ACTING PRESIDENT PERSAUD:
6 Substitution so ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Please take up
15 the reading of the calendar, Madam President.
16 ACTING PRESIDENT PERSAUD: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 111, Senate Print 1172C, by Senator Rivera, an
20 act to amend the Public Health Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT PERSAUD: Call the
1194
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: Ayes, 52.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 264, Senate Print 5720, by Senator Brooks, an act
10 to amend the Executive Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 52.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 454, Senate Print 2013, by Senator Jackson, an
25 act to amend the Administrative Code of the City
1195
1 of New York.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 454, those Senators recorded in the
13 negative are Senators Akshar, Borrello, Boyle,
14 Gallivan, Griffo, Helming, Jordan, Lanza,
15 Martucci, Mattera, Oberacker, O'Mara, Ortt,
16 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
17 Weik.
18 Ayes, 35. Nays, 20.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 475, Senate Print 4598, by Senator Brooks, an act
23 authorizing the Copiague Fire District to file an
24 application for exemption from real property
25 taxes.
1196
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 475, those Senators voting in the
12 negative are Senators Akshar and O'Mara.
13 Ayes, 53. Nays, 2.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 507, Senate Print 4650, by Senator Mannion, an
18 act to amend the Education Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
1197
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 557, Senate Print 5734A, by Senator Ryan, an act
8 requiring a multi-agency study of the issues
9 impacting the continuum of caregiving in New York
10 State.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 608, Senate Print 7004, by Senator Skoufis, an
25 act to repeal Section 153 of the Economic
1198
1 Development Law relating to the Explore New York
2 State grant program.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 612, Senate Print 988, by Senator Gaughran, an
17 act to amend the Navigation Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
1199
1 the results.
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 614, Senate Print 1364, by Senator Serrano, an
7 act to amend the Parks, Recreation and Historic
8 Preservation Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 624, Assembly Print Number 431C, by
23 Assemblymember Rozic, an act to amend the
24 General Business Law.
25 SENATOR LANZA: Lay it aside.
1200
1 ACTING PRESIDENT PERSAUD: Lay it
2 aside.
3 Senator Gianaris, that completes the
4 reading of today's calendar.
5 SENATOR GIANARIS: Thank you,
6 Madam President.
7 Let's take up the bill on the
8 controversial calendar, please.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 624, Assembly Print Number 431C, by
14 Assemblymember Rozic, an act to amend the
15 General Business Law.
16 ACTING PRESIDENT PERSAUD: Senator
17 Palumbo, why do you rise?
18 SENATOR PALUMBO: Thank you,
19 Madam President. Would the sponsor yield for a
20 few questions, please.
21 ACTING PRESIDENT PERSAUD: Will the
22 sponsor yield?
23 SENATOR MAYER: Yes, happy to.
24 ACTING PRESIDENT PERSAUD: The
25 sponsor will yield.
1201
1 SENATOR PALUMBO: Thank you,
2 Senator. How are you? Good morning.
3 SENATOR MAYER: Good morning.
4 SENATOR PALUMBO: I just have a few
5 questions with respect to this legislation. Can
6 you tell us, just generally, why this is
7 necessary at this point?
8 SENATOR MAYER: Absolutely,
9 Senator Palumbo. And I'm happy to say this is
10 the second year that the Senate will be passing
11 this bill, which so many of my colleagues -- and
12 yours as well -- voted for.
13 Because eating disorders among young
14 people are a very serious health risk, and that
15 youth use of diet pills and diet supplements sold
16 over the counter without prescription are an
17 increasing problem. Over 11 percent of teens
18 report using dietary supplements for weight loss,
19 and about 17 percent of boys are using some of
20 these. And this is a growing problem,
21 particularly with social media and the pressure
22 to have perfect bodies for young people.
23 So I'm pleased that we'll be taking
24 a firm step forward in limiting the sale of
25 over-the-counter diet pills and diet supplements
1202
1 for weight loss to those under 18.
2 SENATOR PALUMBO: Thank you,
3 Senator. Would you yield for another question,
4 please.
5 ACTING PRESIDENT PERSAUD: Will the
6 sponsor yield?
7 SENATOR MAYER: Yes.
8 ACTING PRESIDENT PERSAUD: The
9 sponsor yields.
10 SENATOR PALUMBO: Thank you.
11 And so in that regard, are there any
12 other states that currently limit or require
13 identification and age verification for the sale
14 of supplements?
15 SENATOR MAYER: I don't believe any
16 other state has yet passed through both houses
17 the kind of bill that we are talking about here,
18 and that is a credit to New York State, as it has
19 among other things, in ensuring children's
20 safety. I believe California has passed it
21 through one house. We will -- it has now passed
22 the Assembly, and today we'll be passing it
23 through both houses.
24 SENATOR PALUMBO: Do you yield for
25 another question, please, Senator?
1203
1 ACTING PRESIDENT PERSAUD: Does the
2 sponsor yield?
3 SENATOR MAYER: Yes.
4 ACTING PRESIDENT PERSAUD: The
5 sponsor yields.
6 SENATOR PALUMBO: And I appreciate
7 that, Senator, and I think we all agree that that
8 is certainly something we're very concerned with,
9 eating disorders in children.
10 Is there any empirical data that
11 these supplements actually have any sort of
12 effect on eating disorders? Is it that they're
13 used by individuals with eating disorders?
14 Because I haven't seen -- and just for
15 clarification, I voted for this last year. But
16 once I got -- I received some opposition memos, I
17 was able to get into the weeds a little bit
18 further. And I didn't find any empirical data in
19 this regard.
20 So I actually have some significant
21 concerns with this bill that I think we'll
22 address in the next few moments.
23 SENATOR MAYER: Well, there's a
24 number of things. First of all, let me point out
25 that the FDA, which somehow some of the industry
1204
1 think has covered the field here, this is what it
2 says on its own website about these products:
3 "Federal law does not require
4 dietary supplements to be proven safe to FDA's
5 satisfaction before they are marketed" --
6 something I think most people think is the case.
7 "For most claims made in the
8 labeling of dietary supplements, the law does not
9 require the manufacturer or seller to prove to
10 FDA's satisfaction that the claim is accurate or
11 truthful before it appears on the product.
12 "In general, FDA's role with a
13 dietary supplement product begins after the
14 product enters the marketplace. This is usually
15 the agency's first opportunity to take action
16 against a product that presents a significant or
17 unreasonable risk of illness or injury or that is
18 otherwise adulterated or misbranded."
19 That is the FDA's self-description
20 of their authority.
21 Now, with respect to the dangers,
22 the American Academy of Pediatrics has strongly
23 cautioned against teens using over-the-counter
24 diet pills and muscle-building supplements.
25 And as well, there is a group that
1205
1 I've been working with, it's called STRIPED, from
2 the School of Public Health at Harvard, which has
3 detailed numerous cases which I'm happy to share
4 with you where people have been injured and in
5 some cases died from the use of over-the-counter
6 diet pills and diet supplements.
7 This is a serious health issue. I
8 appreciate your acknowledgment that you voted for
9 it last year. I believe the evidence is quite
10 overwhelming, and happy to share it with you.
11 SENATOR PALUMBO: Thank you. Would
12 you yield for another question, please?
13 ACTING PRESIDENT PERSAUD: Does the
14 sponsor yield?
15 SENATOR MAYER: Yes, happy to.
16 ACTING PRESIDENT PERSAUD: The
17 sponsor yields.
18 SENATOR PALUMBO: Thank you. And
19 Senator, I do appreciate that.
20 But that seems to be more along the
21 lines of conjecture. There's no specific data
22 that it actually has some causal relationship to
23 eating disorders. And I guess that's really the
24 demon that we're looking to address here.
25 And of course the abuse of dietary
1206
1 supplements is going to lead to injury and
2 illness and possibly death, and I think we all
3 agree with that as well. This doesn't seem to
4 address that. So that's my concern that I think
5 is expressed -- it's really expressed in a lot of
6 the opposition that I've read.
7 And more importantly, does this
8 regulate online sales?
9 SENATOR MAYER: The sale to --
10 within New York by online -- to a New York
11 purchaser would be covered by this bill, yes.
12 SENATOR PALUMBO: So can you tell
13 me how that would -- would you yield for another
14 question?
15 ACTING PRESIDENT PERSAUD: Does the
16 sponsor yield?
17 SENATOR MAYER: Yes.
18 ACTING PRESIDENT PERSAUD: The
19 sponsor yields.
20 SENATOR PALUMBO: So how would that
21 apply to someone who's ordering online? How
22 would that ultimately be regulated if it's an
23 online order from, say, an out-of-state company?
24 SENATOR MAYER: So the restriction
25 on the sale to someone under 18, unless
1207
1 prescribed by a physician -- which of course
2 would be an exemption -- would be prohibited.
3 And there would be -- there imposes upon the
4 seller an affirmative obligation to check the
5 age. You can't buy wine online without showing
6 your age. I suspect you can't buy cigarettes --
7 I haven't tried -- unless you show your age.
8 So this is consistent with other age
9 restrictions on products. And, frankly, online
10 is a place where a lot of kids are buying these.
11 SENATOR PALUMBO: Would you yield
12 for another question, please, Senator?
13 ACTING PRESIDENT PERSAUD: Will the
14 sponsor yield?
15 SENATOR MAYER: Yes.
16 ACTING PRESIDENT PERSAUD: The
17 sponsor yields.
18 SENATOR PALUMBO: Well, with
19 respect to enforcement, I see in the bill that it
20 is a $500 fine in the event that a store sells --
21 illegally sells supplements. But currently under
22 our law it's $200 to illegally sell alcohol to a
23 minor. It is $250 to illegally sell tobacco to a
24 minor.
25 Is there any particular reason why
1208
1 this was made to be a $500 fine?
2 SENATOR MAYER: Well, the risks of
3 use, in my opinion and those who have signed onto
4 this bill, are significant enough.
5 And by the way, this is when the
6 Attorney General makes an application. It's not
7 a simple fine. They have to make an application
8 to a court, and the court must determine that the
9 defendant has violated this section.
10 So this is not simply the State
11 Liquor Authority or some other agency applying a
12 fine. The Attorney General has to seek an
13 application in court and prove a violation of the
14 section.
15 SENATOR PALUMBO: Thank you. Will
16 you yield for one more question, please?
17 ACTING PRESIDENT PERSAUD: Does the
18 sponsor yield?
19 SENATOR MAYER: Yes.
20 ACTING PRESIDENT PERSAUD: The
21 sponsor yields.
22 SENATOR PALUMBO: Thank you,
23 Senator.
24 So regarding the individuals or the
25 agencies that will have decision-making power, it
1209
1 looks as though there are groups that are part of
2 the eating disorder community in the Department
3 of Health. Is that correct?
4 SENATOR MAYER: Senator Palumbo,
5 that's actually, I think, not quite correct.
6 Because the language -- and this was specifically
7 drafted this way -- says relevant stakeholders,
8 including but not limited to the eating disorders
9 community.
10 So to your point, I anticipate that
11 those who are involved in the production, sale
12 and marketing of these products -- and we've
13 heard from them, and you've heard from them --
14 will have an opportunity at the table to help
15 determine, with the Department of Health, which
16 products are prohibited under this section.
17 SENATOR PALUMBO: Thank you. And I
18 appreciate that, Senator. Would you yield for
19 one more question that is by way of follow-up?
20 ACTING PRESIDENT PERSAUD: Does the
21 sponsor yield?
22 SENATOR MAYER: Yes.
23 ACTING PRESIDENT PERSAUD: The
24 sponsor yields.
25 SENATOR PALUMBO: Thank you.
1210
1 So in that regard, so then
2 physicians, of course, would be permitted to be
3 part of that discussion group, where we actually
4 have doctors who are more familiar with the
5 causal relation of these items.
6 SENATOR MAYER: The definition of
7 stakeholders is quite clear here: Included but
8 not limited to. So I assume the Department of
9 Health, in its wisdom, will include a wide range
10 of people who have expertise on this subject.
11 SENATOR PALUMBO: Thank you,
12 Senator. I appreciate that clarification. Thank
13 you for responding to my questions.
14 On the bill, please,
15 Madam President.
16 ACTING PRESIDENT PERSAUD: Senator
17 Palumbo on the bill.
18 SENATOR PALUMBO: And thank you
19 again, and thank you, Senator Mayer. I certainly
20 appreciate those responses in clarifying some of
21 those concerns.
22 But I do still have -- and as I
23 indicated, I voted for this last year because
24 clearly this is a laudable goal. We all
25 absolutely agree that if this is contributing to
1211
1 eating disorders, we need to find a way to remove
2 that from some options for individuals to
3 actually utilize supplements for the purposes of
4 furthering an eating disorder. I think we all
5 agree.
6 But the wrinkle is this, that I
7 don't believe this particular bill is
8 appropriately regulating online sales. And what
9 this is going to do is going to significantly
10 hurt our brick-and-mortar stores, the actual
11 stores where people can go and purchase these
12 things.
13 And I understand that obviously
14 the -- it is an additional burden to these stores
15 to have to card someone and show that they're at
16 least the age of 18 or older.
17 But we're regulating protein powder,
18 for example, but we're not regulating protein
19 bars that you can buy in a gas station.
20 So the language is overly broad, and
21 I think those are the concerns that have been
22 brought to my attention.
23 And certain fat burners, for
24 example, thermogens, are in green tea, which has
25 very significant positive results when you use it
1212
1 as far as overall health, cardiovascular health,
2 cellular health. So we're now actually, with
3 this implementation of this bill, we will be
4 regulating green tea.
5 So I think it's overly expansive. I
6 certainly appreciate the laudable goals here, but
7 unfortunately, as it's presently written, I'm
8 going to have to vote in the negative, and I urge
9 my colleagues to do the same.
10 Thank you, Madam President.
11 ACTING PRESIDENT PERSAUD: Thank
12 you, Senator.
13 Senator Tedisco.
14 SENATOR TEDISCO: Would the sponsor
15 yield for a couple of questions.
16 ACTING PRESIDENT PERSAUD: Will the
17 sponsor yield?
18 SENATOR MAYER: Sure.
19 ACTING PRESIDENT PERSAUD: The
20 sponsor yields.
21 SENATOR TEDISCO: Yeah, I had a
22 couple of questions I asked in conference
23 recently, but I just want to clarify the answers
24 to those with you, the sponsor.
25 One of the most serious eating
1213
1 disorders is obesity for young people, and it
2 crosses age groups and genders and all types of
3 things nationally in this nation.
4 My question is to you, when someone
5 goes in and buys liquor and gives it to someone
6 else, there's a penalty to that. That's breaking
7 the law. If someone buys these who is an adult
8 and gives them to someone who's younger than 18,
9 is there a penalty for that, according to this
10 piece of legislation?
11 SENATOR MAYER: Senator Tedisco,
12 just to be technically right, I want to read what
13 the bill says.
14 So it says that the seller may not
15 sell or offer to sell or give away, basically as
16 a promotion, to someone under 18.
17 So I think technically if -- under
18 my reading of this if a parent, for example,
19 wanted to buy a dietary supplement for weight
20 loss for someone younger than 18, they'd be
21 permitted to do so. And theoretically I don't --
22 I would doubt that it would be deemed a violation
23 if they gave it to their child.
24 SENATOR TEDISCO: Would the sponsor
25 yield.
1214
1 ACTING PRESIDENT PERSAUD: Will the
2 sponsor yield?
3 SENATOR MAYER: Yes.
4 ACTING PRESIDENT PERSAUD: The
5 sponsor yields.
6 SENATOR TEDISCO: So just to
7 clarify that, any adult could buy this and give
8 it to a child younger than 18, including a
9 parent?
10 SENATOR MAYER: Senator Tedisco, I
11 wouldn't say it the way you just said it at all.
12 I'm talking about what this law
13 proscribes, what it prohibits. It prohibits the
14 sale or the giving away, like in a promotion, to
15 under 18 unless prescribed by a physician.
16 So I -- we're talking about what the
17 law says, not what it doesn't say. That's what
18 it prohibits.
19 SENATOR TEDISCO: Would the --
20 ACTING PRESIDENT PERSAUD: Does the
21 sponsor yield?
22 SENATOR MAYER: Yes.
23 ACTING PRESIDENT PERSAUD: The
24 sponsor yields.
25 SENATOR TEDISCO: So it would not
1215
1 prohibit anyone from buying it and giving it to a
2 younger person.
3 SENATOR MAYER: I'm not prepared to
4 say what it does not say. I'm telling you what
5 it does say, Senator Tedisco.
6 I understand you're interpreting it
7 one way. And the focus of the bill is not on
8 adults who wish to engage in conduct that they
9 are authorized to do. This is about children
10 buying and having access to these medica -- these
11 drugs.
12 SENATOR TEDISCO: Yeah, I'm just a
13 little bit concerned that it doesn't really --
14 ACTING PRESIDENT PERSAUD: Senator
15 Tedisco, are you on the bill?
16 SENATOR TEDISCO: Yes.
17 ACTING PRESIDENT PERSAUD: Senator
18 Tedisco on the bill.
19 SENATOR TEDISCO: I'm a little bit
20 concerned that it doesn't stop anyone actually
21 from purchasing these and giving them to others.
22 And probably parents should have the
23 opportunity. Obesity is a serious problem in our
24 nation, especially for young people. It can
25 affect heart wellness and other concerns that
1216
1 take place when there is that type of activity
2 and action.
3 So several concerns about this piece
4 of legislation, but I thank the sponsor for
5 partially answering my question.
6 Thank you.
7 ACTING PRESIDENT PERSAUD: Thank
8 you, Senator.
9 Are there any other Senators wishing
10 to be heard?
11 Seeing none, the debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect one year after it shall
16 have become a law.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Senator
21 Mayer to explain her vote.
22 SENATOR MAYER: Thank you,
23 Madam President.
24 Thank you to my colleagues for
25 asking thoughtful questions.
1217
1 I would note that the vast majority
2 of them voted for this bill last year. Same
3 bill, and the bill has been amended over time to
4 address numbers of concerns.
5 But let me talk about the
6 seriousness of this issue and why I am motivated,
7 along with my colleagues, to press for this. And
8 this is material from the STRIPED Advocacy
9 Playbook. This is a portion of the Public Health
10 School at Harvard University.
11 In 2021, a 20-year-old woman
12 suffered a heart attack after ingesting a dry
13 scoop of a pre-workout supplement. She suffered
14 a heart attack.
15 In 2019, a woman from Dallas was
16 rushed to the hospital in order to receive a
17 lifesaving liver transplant. Doctors believe
18 Goss's acute liver failure was associated with a
19 weight loss supplement she had been taking for
20 months.
21 A young mother in 2017, aged 24,
22 died after taking the weight-loss supplement
23 Avitia Cobrax, which she bought online via
24 Facebook.
25 In June 2017, a mom of two toddlers
1218
1 was found unconscious in her home and later died
2 after consuming a sports supplement that
3 contained the chemical MADB, a substance similar
4 to methamphetamine.
5 And it goes on. This is a serious
6 health issue. This is not a made-up issue. This
7 is an issue that is not adequately regulated by
8 the FDA, and therefore there is absolutely
9 compelling reason to impose a restriction on the
10 sale to those under 18 unless a doctor prescribes
11 it.
12 And the increasing amount of
13 attention to body image among young women and now
14 among young men poses a serious health threat.
15 It is a credit to the New York State
16 Legislature and my colleague Assemblywoman Nily
17 Rozic, the sponsor in the Assembly, that this
18 bill is passing both houses. This is an
19 important step for New York to take in protecting
20 young people and in sending a strong message that
21 these products, which are basically unregulated,
22 unregulated by the federal government, will not
23 be available to our young people unless a doctor
24 prescribes them.
25 I would like to thank my staff; Mike
1219
1 Press, my legislative director, who's worked on
2 this for several years; Bryn Austin, from STRIPED
3 at the Harvard T.H. Chan School of Public Health,
4 and many of the other advocates who have worked
5 with me in crafting a bill that is reasonable,
6 that is not excessive, but is motivated by public
7 health and protection of our children.
8 Thank you. I vote aye.
9 ACTING PRESIDENT PERSAUD: Senator
10 Mayer to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 624, those Senators voting in the
14 negative are Senators Borrello, Griffo, Helming,
15 Jordan, Lanza, Oberacker, O'Mara, Ortt, Palumbo,
16 Serino, Stec and Tedisco.
17 Ayes, 48. Nays, 12.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of the controversial calendar.
22 SENATOR GIANARIS: Is there any
23 further business at the desk?
24 ACTING PRESIDENT PERSAUD: There is
25 no further business at the desk.
1220
1 SENATOR GIANARIS: I move to
2 adjourn until Monday, March 14th, at 3:00 p.m.,
3 intervening days being legislative days.
4 ACTING PRESIDENT PERSAUD: On
5 motion, the Senate stands adjourned until Monday,
6 March 14th, at 3:00 p.m., intervening days being
7 legislative days.
8 (Whereupon, the Senate adjourned at
9 11:29 a.m.)
10
11
12
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