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Committee advances bill to restrict sales of certain weight‑loss and muscle‑building supplements to minors

Health Committee · September 23, 2024
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Summary

The Health Committee amended and released A1848 after testimony from industry groups and a sponsor explanation focusing on youth safety. Opponents warned the bill’s definitions could sweep in common supplements and hamper consumer access; the committee adopted committee amendments and advanced the bill.

A bill that would prohibit sales of over‑the‑counter diet pills and dietary supplements marketed for weight loss or muscle building to unaccompanied minors was amended and released by the Health Committee after a two‑hour hearing.

Chairman Conaway, sponsor of A1848, told the committee the measure aims to protect children from misuse and potential harms, citing reports of serious adverse effects when young people use such products to improve athletic performance or lose weight. “We are taking steps to protect children from themselves,” Conaway said in explaining the bill's intent.

Industry witnesses urged caution. Ben Graziano and Steve Mister of the Council for Responsible Nutrition (CRN) told the committee the bill’s language is overbroad and risks restricting widely used, federally regulated supplements such as multivitamins, protein powders and probiotic products. “Currently, there is no credible scientific data that the products identified in this bill lead to or cause body dysmorphia, eating disorders, or other mental health issues,” Mister testified, arguing the bill would limit consumer access and impose enforcement burdens on retailers.

Bridal Turk, director of government affairs for the Natural Products Association, also opposed the bill and emphasized that the federal Dietary Supplement Health and Education Act (DSHEA) requires manufacturers to show safety and comply with labeling rules. Turk said FDA enforcement mechanisms exist to remove unsafe products from the market and warned that the bill could inadvertently capture standard nutritional supplements.

Committee members pressed witnesses on implementation and scope. Conaway and other members said the bill is intended to address misuse, heat‑related dehydration, liver and kidney damage and other physical harms that can result when minors use certain products improperly. Members asked whether the bill would affect vitamin D or calcium products and how internet and delivery sales would be handled; witnesses said the definitions and the internet‑sales exemption for postal carriers in the proposed language create loopholes and uncertainty.

After debate, the committee adopted committee amendments that clarified delivery, labeling, and exemptions for news media and postal workers and added criteria for courts to determine whether a product is marketed for weight loss or muscle building. The amendment vote recorded several members opposing and one abstention; the amended bill was then released from committee.

What’s next: The bill, as amended, was released and will proceed to the next legislative stage. Committee members said they plan further technical fixes, including clarifying penalty provisions and the scope of online sales.

Notes: Industry witnesses cited the economic footprint of the dietary supplement industry and referenced recent litigation challenging a similar New York law.