Senate approves law cracking down on deceptive marketing of compounded weight‑loss drugs

The Colorado Senate passed Senate Bill 66 on April 17 after accepting amendment L16 that narrows the bill to target deceptive marketing and clarifies enforcement.

Sen. Carson, sponsor of SB66, described the measure as focused on consumer safety and accuracy in marketing. He said the amendment makes false or misleading claims about compounded weight‑loss drugs unlawful, prohibits advertising unapproved products as FDA‑approved, and limits enforcement to the attorney general under the Colorado Consumer Protection Act so there is no private right of action.

"This amendment retains the language ... that the attorney general has exclusive authority to enforce this section and number 2, that there is no private right of action," Sen. Carson said. Supporters said the bill was not intended to impede legitimate compounding activities by responsible providers and that it targets “gray and black market” operators and deceptive online sellers.

Critics on the floor raised concerns about whether exclusive AG enforcement would delay action, how many consumers would have to be harmed before the AG’s office could act, and whether definitions of “false,” “misleading,” or “unverified” would create uncertainty for pharmacies. Sen. Gonzalez and Sen. Frizzell pressed the sponsors on enforcement thresholds and definitions.

Sen. Judah emphasized the bill’s public‑safety intent and said it “cracks down on bad actors” while preserving access for pharmacies already in compliance. After debate and adoption of amendment L16, the Senate passed SB66 in a recorded vote of 20 ayes and 15 noes.

The bill’s supporters said it will allow the attorney general to act against deceptive sellers marketing unapproved compounded GLP‑1 products, while protecting legitimate compounding when done in compliance with law.