STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Speight and Assemblyman Stanley
SYNOPSIS
Prohibits sale of certain diet pills and dietary supplements for muscle building to persons under 18 years of age under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the sale of certain diet pills or dietary supplements to minors and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall sell, offer to sell, or offer for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age, unless the minor is accompanied by a parent or guardian.
b. A person who violates the provisions of subsection a. of this section, including an employee of a retail establishment who actually sells any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age, who is not accompanied by a parent or guardian, shall be liable to a civil penalty of not more than $750. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the retail establishment at which the violation occurred and not the chain. The civil penalty shall be collected by and in the name of the State by the local health agency pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.
An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.
A penalty recovered under the provisions of this subsection shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. The provisions of this section shall not apply to any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law.
d. As used in this section:
Dietary supplement for muscle building means a dietary supplement sold for or used with the intent to build muscle, but shall not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building.
Over-the-counter diet pill means a drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation.
2. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act.
3. This act shall take effect on the first day of the sixth month next following the date of enactment.
STATEMENT
This bill prohibits the sale of certain diet pills and dietary supplements to minors.
Specifically, the bill prohibits a person from selling, offering to sell, or offering for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.
As used in the bill, dietary supplement for muscle building means a dietary supplement sold for or used with the intent to build muscle and does not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building. Over-the-counter diet pill means a drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation.
The bill stipulates that a
person who violates the provisions of the bill, including an employee of a
retail establishment who actually sells any over-the-counter diet pill or
dietary supplement for muscle building to a minor under 18 years of age, who is
not accompanied by a parent or guardian, is to be liable to a civil penalty of
not more than $750. In the case of a retail establishment that is part of a
chain with two or more locations in the State, the violation is to be assessed
against the retail establishment at which the violation occurred and not the
chain. The civil penalty is to be collected pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a
summary proceeding before the municipal court having jurisdiction.
The provisions of the bill do not apply to the sale of any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law.