Cook’s Weight Loss Bill Also Locks Up Muscle Supplements

The text as introduced · 1,166 words

89R6034 LRM-D

By: Cook
S.B. No. 566

A BILL TO BE ENTITLED

AN ACT

relating to the prohibited retail sale and provision to minors of

certain over-the-counter weight loss drugs and dietary

supplements; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Health and Safety Code, is

amended by adding Chapter 446 to read as follows:

CHAPTER 446. OVER-THE-COUNTER WEIGHT LOSS DRUGS AND DIETARY

SUPPLEMENTS

Sec. 446.001. DEFINITIONS. In this chapter:

(1) "Dietary supplement" means a dietary supplement,

as defined by 21 U.S.C. Section 321, labeled, marketed, or

otherwise represented for the purpose of achieving weight loss or

muscle building.

(2) "Over-the-counter weight loss drug" means a drug,

as defined by 21 U.S.C. Section 321, labeled, marketed, or

otherwise represented for the purpose of achieving weight loss for

which a prescription is not required under the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. Chapter 9).

(3) "Retailer" means a person that, in the regular

course of business, sells over-the-counter weight loss drugs or

dietary supplements to individuals, including a pharmacy or grocery

store.

Sec. 446.002. DIETARY SUPPLEMENT LABELED, MARKETED, OR

OTHERWISE REPRESENTED FOR WEIGHT LOSS OR MUSCLE BUILDING. For the

purposes of this chapter, a dietary supplement may be considered

labeled, marketed, or otherwise represented for the purpose of

achieving weight loss or muscle building, if:

(1) the supplement:

(A) contains:

(i) an ingredient approved by the United

States Food and Drug Administration for weight loss or muscle

building;

(ii) a steroid; or

(iii) creatine, green tea extract,

raspberry ketone, garcinia cambogia, or green coffee bean extract;

or

(B) is labeled or marketed using statements or

images that express or imply the supplement will help:

(i) modify, maintain, or reduce body

weight, fat, appetite, overall metabolism, or the process by which

nutrients are metabolized; or

(ii) maintain or increase muscle or

strength;

(2) the supplement or the supplement's ingredients are

otherwise represented for the purpose of achieving weight loss or

muscle building; or

(3) the retailer or person described by Section

446.005(b) selling the drug or supplement categorizes the drug or

supplement for weight loss or muscle building by:

(A) placing signs or otherwise categorizing or

labeling the drug or supplement with statements or images described

by Subdivision (1)(B);

(B) grouping the drug or supplement with other

weight loss or muscle building products in a display,

advertisement, Internet webpage, or area of a store; or

(C) otherwise representing the drug or

supplement for weight loss or muscle building.

Sec. 446.003. PROHIBITED SALE OR PROVISION OF DRUG OR

SUPPLEMENT TO MINORS. A person may not sell, offer to sell, or give

away, as either a retail or wholesale promotion, an

over-the-counter weight loss drug or dietary supplement to an

individual younger than 18 years of age.

Sec. 446.004. RETAILER RESPONSIBILITIES. (a) A retailer

that sells an over-the-counter weight loss drug or dietary

supplement shall:

(1) ensure the drug or supplement is only accessible

to the retailer's employees and not directly accessible to

customers; and

(2) limit access to the drug or supplement to prevent

unauthorized access by customers, including by placing the drug or

supplement behind the retail counter or in a locked case.

(b) A retailer shall request identification from an

individual who attempts to purchase an over-the-counter weight loss

drug or dietary supplement if the retailer cannot reasonably

determine the individual is 18 years of age or older.

Sec. 446.005. RESPONSIBILITIES FOR CERTAIN SALES INVOLVING

REMOTE ORDERING OR DELIVERY. (a) This section applies only to the

sale of an over-the-counter weight loss drug or dietary supplement

to an individual if:

(1) the individual orders the drug or supplement by

telephone, by mail or other delivery service, through the Internet

or another online service, or by another method by which the seller

is not in the physical presence of the individual when the order is

placed; or

(2) the drug or supplement is delivered to the

individual by common carrier, private delivery service, another

remote delivery method, or any other method by which the seller is

not in the physical presence of the individual at the time the

individual obtains possession of the drug or supplement.

(b) A person, including an online retailer, that sells an

over-the-counter weight loss drug or dietary supplement to which

this section applies and that mails or ships the drug or supplement

to individuals:

(1) may not sell, deliver, or cause to be delivered the

drug or supplement to an individual younger than 18 years of age;

(2) must use a method of mailing or shipping that

requires:

(A) an individual placing the order to sign and

accept the delivery at the delivery address; and

(B) the individual who signs and accepts the

delivery to provide proof the individual is 18 years of age or older

in the form of a government-issued driver's license or personal

identification certificate bearing a photograph of the individual;

and

(3) may not accept an order for pickup or delivery from

an individual without:

(A) obtaining the full name, birth date, and

residential address of the individual; and

(B) ensuring the individual is 18 years of age or

older by verifying the information provided in Paragraph (A)

through the use of a commercially available database or aggregate

of databases, consisting primarily of data from government sources,

that the government and businesses regularly use to verify and

authenticate an individual's age and identity.

(c) A person that sells an over-the-counter weight loss drug

or dietary supplement to which this section applies may not use a

database for age and identity verification under Subsection

(b)(3)(B) that the person owns or controls or that is subject to any

changes or supplementation by the person.

Sec. 446.006. CIVIL PENALTY; INJUNCTION; AFFIRMATIVE

DEFENSE. (a) A person who violates this chapter is liable to this

state for a civil penalty of not more than $500 for each violation.

(b) The attorney general may bring an action to:

(1) recover the civil penalty imposed under this

section; or

(2) restrain or enjoin the person from violating this

chapter.

(c) It is an affirmative defense to liability in a civil

action under this chapter if a person demonstrates the individual

younger than 18 years of age presented an apparently valid driver's

license or personal identification certificate issued by a

governmental entity and the license or certificate passed the age

verification method.

(d) The attorney general may recover reasonable attorney's

fees and other reasonable expenses incurred in investigating and

bringing an action under this section.

(e) The attorney general shall deposit a civil penalty

collected under this section in the state treasury to the credit of

the general revenue fund.

Sec. 446.007. RULES. The executive commissioner shall

adopt rules as necessary to implement this chapter.

SECTION 2. Notwithstanding Chapter 446, Health and Safety

Code, as added by this Act, a person is not required to comply with

that chapter until December 1, 2025.

SECTION 3. This Act takes effect September 1, 2025.