Healthcare
Dietary supplements for weight loss and over-the-counter diet pills
California bars sales and promotional giveaways of over-the-counter diet pills and weight-loss or muscle-building supplements to people under 18.
The law creates age-verification duties for in-store and online sellers and allows public enforcement against violations.
What the law does
- Prohibits retail, wholesale promotional, and delivery sales of covered products to Californians under 18, except for minors with a prescription.
- Requires retailers to check valid identification when they cannot reasonably determine that a buyer is at least 18.
- Requires delivery sellers to verify a purchaser's age and identity through an independent qualifying database, require age-verified adult-signature delivery, or both.
- Allows courts to consider ingredients, marketing, product placement, and product grouping in deciding whether a supplement is marketed for weight loss or muscle building.
- Authorizes injunctions, civil penalties up to $500 per violation, and reasonable attorney's fees and costs for prevailing plaintiffs.
Who it affects
- Pharmacies, grocery stores, other retailers, and businesses offering covered products as promotions.
- Online retailers and other delivery sellers shipping covered products to California consumers.
- Californians under 18 seeking covered products, unless they have a prescription.