Prohibits the sale of over-the-counter weight loss supplements to minors and requires education to minors of the effects of weight loss supplements; requires store owners to post a sign of such prohibition.

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S3135-2013 Actions

• Jan 30, 2013: REFERRED TO CODES

S3135-2013 Memo

BILL NUMBER:S3135

TITLE  OF BILL:  An act to amend the penal law, the general business law
and the public health law, in relation to prohibiting the sale of  over-
the-counter  weight loss supplements to minors and requiring educational
outreach to minors of the risks of weight loss supplements

PURPOSE OR GENERAL IDEA OF BILL:  This bill would prohibit the  sale  of
over-the-counter weight loss supplements to minors and would require the
department of health to establish a weight loss supplement public aware-
ness program targeted to teenagers and pre-teenagers.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  amends  subdivision  3  and  the  first closing paragraph of
section 260.21 of the penal law,  and  adds  a  new  subdivision  4,  to
include  the sale of over-the-counter weight loss supplements as a class
B misdemeanor.

Section 2 adds a new section 391-00 to the general business  law,  which
prohibits  the sale of over-the-counter weight loss supplements to indi-
viduals under eighteen years of  age,  as  demonstrated  by  a  driver's
license   or  other  acceptable  photographic  identification.  It  also
requires businesses that sell such supplements to display a  sign  in  a
conspicuous  location  stating  that the sale of over-the-counter weight
loss supplements to persons under eighteen years of age is prohibited by
law.

Section 3 amends the public health law by adding  a  new  article  13-1,
which  prohibits the sale of over-the-counter weight loss supplements to
persons under eighteen years of  age,  and  establishes  a  weight  loss
supplement  public awareness program. Subsection 1399-yy of article 13-1
directs the commissioner of the department of  health  to  establish  an
educational  outreach  program  for  weight loss supplement awareness by
providing for educational outreach services,  in  conjunction  with  the
department  of education, directed at teenagers, pre-teenagers, parents,
siblings, teachers, guidance counselors, principals and superintendents.

Section 4 sets forth the effective date of the act.

JUSTIFICATION:  Eating disorders overwhelmingly affect  teenagers,  with
40  to 60 percent of high school girls reporting that they diet regular-
ly.  Recent reports also indicate that the growing public health epidem-
ic of eating disorders is not limited to older teens-30 to 40 percent of
junior high girls report that they worry about their weight,  and  chil-
dren as young as five or six years old have shown symptoms of disordered
eating.  Many  of  these  teens  and  pre-teens turn to over-the-counter
weight loss supplements in an attempt to lose weight. Unfortunately,  it
is  up  to the consumer to determine how effective and safe these weight
loss supplements are.  Dietary supplements and weight-loss aids are  not
subject  to  the  same  rigorous  standards by the Federal Drug Adminis-
tration (FDA) as are prescription drugs or  medications  sold  over-the-

counter.  These  weight-loss  supplements do not have to disclose a full
list of ingredients, and often trigger a host of harmful  side  effects,
including nausea, high blood pressure, diarrhea, indigestion, heart rate
irregularities, insomnia, vomiting, or worse. This "buyer beware" policy
is  troublesome enough regarding adult consumers, but it is particularly
alarming with regard to teenagers and children.  Warning labels on  many
of  these products alert that they are "for adult use only," or are "not
for use by individuals under 18 years of age,"  but  yet  there  are  no
regulations  which  restrict  a  retailer from selling these products to
children. While we protect our children  from  over-the-counter  allergy
medications  like  Claritin,  we  allow  unfettered  access  to untested
weight-loss supplements that could wreak potentially permanent damage on
their bodies. This legislation would address this problem  by  not  only
making  the  sale of over-the-counter weight loss supplements to persons
younger than 18 a class B misdemeanor, but also by  requiring  retailers
selling these supplements to post in a conspicuous location a sign stat-
ing  that  selling  over-the-counter  weight loss supplements to persons
younger than 18 is a violation of state law. Further, this bill  tackles
the root of the problem by addressing the demand for weight-loss supple-
ments in teenagers and pre-teens by establishing an education and aware-
ness  program  through  the state Department of Health. Using a range of
media tools and in conjunction with the  department  of  education,  the
health  department  will  raise public awareness of the risks associated
with use of over-the-counter weight loss supplements by young people.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE:  This act shall take effect on  the  first  of  November
next  succeeding the date on which it shall have become a law; provided,
however, that section three of this act shall take effect on the nineti-
eth day after it shall have become a  law.  Effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
to be made and completed.

S3135-2013 Text

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

                                    3135

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 30, 2013
                                 ___________

  Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the penal law, the general business law and  the  public
    health  law,  in  relation to prohibiting the sale of over-the-counter
    weight loss supplements to minors and requiring  educational  outreach
    to minors of the risks of weight loss supplements

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


    Section 1. Subdivision 3 and the first closing  paragraph  of  section
  260.21  of  the  penal law, as added by chapter 362 of the laws of 1992,
  are amended and a new subdivision 4 is added to read as follows:

    3. He sells or causes to be sold tobacco in any form to a  child  less
  than eighteen years old[.]; OR
    4.  HE SELLS OR CAUSES TO BE SOLD OVER-THE-COUNTER WEIGHT LOSS SUPPLE-
  MENTS IN ANY FORM TO A CHILD LESS THAN EIGHTEEN YEARS OLD.
    It is no defense to a prosecution pursuant  to  subdivision  three  OR
  FOUR of this section that the child acted as the agent or representative
  of another person or that the defendant dealt with the child as such.
    S  2. The general business law is amended by adding a new section 391-
  oo to read as follows:

    S 391-OO. REGULATION  OF  OVER-THE-COUNTER  WEIGHT  LOSS  SUPPLEMENTS;
  DISTRIBUTION  TO  MINORS  PROHIBITED. 1. ANY PERSON OPERATING A PLACE OF
  BUSINESS WHEREIN OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS  ARE  SOLD  OR
  OFFERED FOR SALE IS PROHIBITED FROM SELLING SUCH PRODUCTS TO INDIVIDUALS
  UNDER  EIGHTEEN  YEARS  OF  AGE, AND SHALL POST IN A CONSPICUOUS PLACE A
  SIGN UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT,  "SALE
  OF  OVER-THE-COUNTER  WEIGHT  LOSS SUPPLEMENTS TO PERSONS UNDER EIGHTEEN
  YEARS OF AGE IS PROHIBITED BY LAW." SUCH SIGN  SHALL  BE  PRINTED  ON  A
  WHITE  CARD  IN  RED  LETTERS AT LEAST ONE-HALF INCH IN HEIGHT.  SALE OF
  OVER-THE-COUNTER WEIGHT LOSS PRODUCTS IN SUCH PLACES, SHALL BE MADE ONLY
  TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH A DRIVER'S LICENSE  OR  OTHER

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01337-01-3

 S. 3135                             2

  PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A GOVERNMENT ENTITY OR EDUCA-
  TIONAL  INSTITUTION,  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF
  AGE. SUCH IDENTIFICATION NEED NOT BE  REQUIRED  OF  ANY  INDIVIDUAL  WHO
  REASONABLY  APPEARS  TO  BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,
  HOWEVER, THAT SUCH APPEARANCE SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY
  PROCEEDING  ALLEGING THE SALE OF AN OVER-THE-COUNTER WEIGHT LOSS SUPPLE-
  MENT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
    2. OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS MEANS ANY PRODUCT INTENDED
  FOR THE PURPOSE OF WEIGHT LOSS THAT ARE  SOLD  WITHOUT  THE  NEED  OF  A
  PRESCRIPTION.
    S  3. The public health law is amended by adding a new article 13-I to
  read as follows:

                                ARTICLE 13-I
           REGULATION OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS;
                      DISTRIBUTION TO MINORS PROHIBITED
  SECTION 1399-XX. REGULATION OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS;
                     DISTRIBUTION TO MINORS PROHIBITED.
          1399-YY. WEIGHT LOSS SUPPLEMENT PUBLIC AWARENESS PROGRAM.
    S 1399-XX. REGULATION OF  OVER-THE-COUNTER  WEIGHT  LOSS  SUPPLEMENTS;
  DISTRIBUTION  TO  MINORS  PROHIBITED. 1. ANY PERSON OPERATING A PLACE OF
  BUSINESS WHEREIN OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS  ARE  SOLD  OR
  OFFERED FOR SALE IS PROHIBITED FROM SELLING SUCH PRODUCTS TO INDIVIDUALS
  UNDER  EIGHTEEN  YEARS  OF  AGE, AND SHALL POST IN A CONSPICUOUS PLACE A
  SIGN UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT,  "SALE
  OF  OVER-THE-COUNTER  WEIGHT  LOSS SUPPLEMENTS TO PERSONS UNDER EIGHTEEN
  YEARS OF AGE IS PROHIBITED BY LAW." SUCH SIGN  SHALL  BE  PRINTED  ON  A
  WHITE  CARD  IN  RED  LETTERS  AT LEAST ONE-HALF INCH IN HEIGHT. SALE OF
  OVER-THE-COUNTER WEIGHT LOSS PRODUCTS IN SUCH PLACES, SHALL BE MADE ONLY
  TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH A DRIVER'S LICENSE  OR  OTHER
  PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A GOVERNMENT ENTITY OR EDUCA-
  TIONAL  INSTITUTION,  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF
  AGE. SUCH IDENTIFICATION NEED NOT BE  REQUIRED  OF  ANY  INDIVIDUAL  WHO
  REASONABLY  APPEARS  TO  BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,
  HOWEVER, THAT SUCH APPEARANCE SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY
  PROCEEDING  ALLEGING THE SALE OF AN OVER-THE-COUNTER WEIGHT LOSS SUPPLE-
  MENT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
    2. OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS MEANS ANY PRODUCT INTENDED
  FOR THE PURPOSE OF WEIGHT LOSS THAT ARE  SOLD  WITHOUT  THE  NEED  OF  A
  PRESCRIPTION.
    S  1399-YY.  WEIGHT  LOSS  SUPPLEMENT  PUBLIC  AWARENESS  PROGRAM. THE
  COMMISSIONER SHALL ESTABLISH A WEIGHT LOSS SUPPLEMENT  PUBLIC  AWARENESS
  PROGRAM.  1.  THE  COMMISSIONER  SHALL ESTABLISH AN EDUCATIONAL OUTREACH
  PROGRAM FOR WEIGHT LOSS SUPPLEMENT AWARENESS  BY  PROVIDING  FOR  EDUCA-
  TIONAL OUTREACH SERVICES TO TEENAGERS, PRE-TEENAGERS, PARENTS, SIBLINGS,
  TEACHERS, GUIDANCE COUNSELORS, PRINCIPALS AND SUPERINTENDENTS.
    2.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
  TION, SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
  TATION OF SUCH OUTREACH PROGRAM, AND SHALL BE DESIGNED TO PROMOTE:

    (A) INCREASED AWARENESS OF  THE  RISKS  ASSOCIATED  WITH  WEIGHT  LOSS
  SUPPLEMENTS  BY  PERSONS UNDER THE AGE OF EIGHTEEN WITHOUT THE CONSULTA-
  TION OF A LICENSED PHYSICIAN; AND
    (B) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO PROVIDE  EDUCATIONAL
  OUTREACH PROGRAMS TO MINORS, PARENTS AND EDUCATORS.
    3.  THE  FOLLOWING STRATEGIES MAY BE USED TO RAISE PUBLIC AWARENESS OF
  THE RISKS ASSOCIATED  WITH  THE  USE  OF  OVER-THE-COUNTER  WEIGHT  LOSS
  SUPPLEMENTS BY PERSONS UNDER THE AGE OF EIGHTEEN:


 S. 3135                             3

    (A)  OUTREACH  CAMPAIGN  UTILIZING  PRINT, RADIO AND TELEVISION PUBLIC
  SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS AND OTHER MATERIALS;
    (B) COMMUNITY FORUMS; AND
    (C) HEALTH INFORMATION AND RISK-FACTOR ASSESSMENTS AT PUBLIC EVENTS.
    4.  THE  DEPARTMENT  OF  EDUCATION  SHALL ASSIST THE DEPARTMENT IN THE
  DISTRIBUTION OF INFORMATION FOR THE WEIGHT LOSS SUPPLEMENT PUBLIC AWARE-
  NESS PROGRAM AS ESTABLISHED BY THIS SECTION.
    S 4. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become  a  law;  provided,  however,
  that  section  three  of this act shall take effect on the ninetieth day
  after it shall have become a law. Effective immediately,  the  addition,
  amendment  and/or  repeal  of  any  rule or regulation necessary for the
  implementation of this act on its effective date are  authorized  to  be
  made and completed.