Illinois 2025-2026 Regular Session

Illinois House Bill HB3027 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3027 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: New Act Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms. LRB104 05784 BDA 15814 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3027 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: New Act New Act Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms. LRB104 05784 BDA 15814 b LRB104 05784 BDA 15814 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3027 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Ban on
15	15	5 Harmful Supplements for Minors Act.
16	16	6 Section 5. Definitions. In this Act:
17	17	7 "Caffeine" or "1, 3, 7-trimethylxanthine" means a
18	18	8 naturally-occurring drug that is a member of the
19	19	9 methylxanthine class of compounds with stimulant effects.
20	20	10 "Delivery sale" means any sale of over-the-counter diet
21	21	11 pills or dietary supplements for weight loss or muscle
22	22	12 building to a consumer if:
23	23	13 (1) the consumer submits the order for the sale by
24	24	14 means of a telephone or other method of voice
25	25	15 transmission, the U.S. Postal Service or other delivery
26	26	16 service, or the Internet or other online service, or the
27	27	17 seller is otherwise not in the physical presence of the
28	28	18 buyer when the request for purchase or order is made; or
29	29	19 (2) the over-the-counter diet pills or dietary
30	30	20 supplements for weight loss or muscle building are
31	31	21 delivered to the buyer by common carrier, private delivery
32	32	22 service, or other method of remote delivery, or the seller
33	33	23 is not in the physical presence of the buyer when the buyer
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3027 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Ban on Harmful Supplements for Minors Act. Prohibits the sale of diet pills or dietary supplements for weight loss or muscle building to any person under 18 years of age, unless that individual has a prescription. Provides for responsibilities of retail establishments. Provides for responsibilities of delivery sellers. Provides that the Attorney General may apply for a special proceeding to issue an injunction upon notice to the defendant of not less than 5 days, with certain requirements. Provides that any person who violates any provision of this Act is liable for a civil penalty of up to $1,000 per violation. Provides for an affirmative defense based upon compliance with the Act, with certain requirements. Provides for rulemaking by the Attorney General or the Department of Public Health to determine additional dietary supplements or drugs that are subject to the Act. Provides that the Department of Public Health may adopt other rules as necessary to implement this Act. Defines terms.
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68	68	1 obtains possession of the over-the-counter diet pills or
69	69	2 dietary supplements for weight loss or muscle building.
70	70	3 "Delivery seller" means a person, including an online
71	71	4 retailer, who makes delivery sales of over-the-counter diet
72	72	5 pills or dietary supplements for weight loss or muscle
73	73	6 building.
74	74	7 "Dietary supplement" means:
75	75	8 (1) a product, other than tobacco, intended to
76	76	9 supplement the diet that bears or contains one or more of
77	77	10 the following dietary ingredients:
78	78	11 (A) a vitamin;
79	79	12 (B) a mineral;
80	80	13 (C) an herb or other botanical;
81	81	14 (D) an amino acid;
82	82	15 (E) a dietary substance for use by a person to
83	83	16 supplement the person's diet by increasing the total
84	84	17 dietary intake; or
85	85	18 (F) a concentrate, metabolite, constituent,
86	86	19 extract, or combination of any ingredient described in
87	87	20 paragraph (A), (B), (C), (D), or (E).
88	88	21 (2) a product:
89	89	22 (A) that is ingested orally;
90	90	23 (B) is not represented for use as a conventional
91	91	24 food, or as a sole item of meal or the diet; or
92	92	25 (C) is labeled as a dietary supplement.
93	93	26 "Dietary supplement for weight loss or muscle building"
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104	104	1 means a dietary supplement that is labeled, marketed, or
105	105	2 otherwise represented for the purpose of achieving weight loss
106	106	3 or building muscle. "Dietary supplement for weight loss or
107	107	4 muscle building" does not include items marketed as containing
108	108	5 essential nutrients, probiotics, or caffeine, unless the
109	109	6 recommended serving of caffeine includes more than 400 mg per
110	110	7 day and unless the product marketed contains ingredients other
111	111	8 than essential nutrients, probiotics, or caffeine, which alone
112	112	9 would be considered a dietary supplement for weight loss or
113	113	10 muscle building.
114	114	11 "Dietary supplement that is labeled, marketed, or
115	115	12 otherwise represented for the purpose of achieving weight loss
116	116	13 or building muscle" or "drug that is labeled, marketed, or
117	117	14 otherwise represented for the purpose of achieving weight
118	118	15 loss" means either:
119	119	16 (1) the product contains:
120	120	17 (A) an ingredient or product approved by the U.S.
121	121	18 Food and Drug Administration for weight loss or muscle
122	122	19 building;
123	123	20 (B) a steroid; or
124	124	21 (C) an ingredient included in the National
125	125	22 Institutes of Health's Dietary Supplements for Weight
126	126	23 Loss fact sheet or Dietary Supplements for Exercise
127	127	24 and Athletic Performance fact sheet, except for any
128	128	25 essential nutrients, probiotics, or caffeine under 400
129	129	26 mg;
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140	140	1 (2) the product's labeling or marketing bears
141	141	2 statements or images that express or imply that the
142	142	3 product will help:
143	143	4 (A) modify, maintain, or reduce body weight, fat,
144	144	5 appetite, overall metabolism, or the process by which
145	145	6 nutrients are metabolized; and
146	146	7 (B) maintain or increase muscle or strength;
147	147	8 (3) the product or its ingredients are otherwise
148	148	9 represented for the purpose of achieving weight loss or
149	149	10 building muscle;
150	150	11 (4) the retailer has categorized the dietary
151	151	12 supplement for weight loss or muscle building by:
152	152	13 (A) placing signs, categorizing, or tagging the
153	153	14 supplement with statements described paragraph (2) of
154	154	15 this definition; or
155	155	16 (B) otherwise representing that the product is for
156	156	17 weight loss or muscle building; or
157	157	18 (5) the Attorney General or the Department of Public
158	158	19 Health has, by rule, denoted the dietary supplement or
159	159	20 drug as a dietary supplement that is labeled, marketed, or
160	160	21 otherwise represented for the purpose of achieving weight
161	161	22 loss or building muscle or a drug that is labeled,
162	162	23 marketed, or otherwise represented for the purpose of
163	163	24 achieving weight loss.
164	164	25 "Drug" means:
165	165	26 (1) articles recognized in the official United States
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176	176	1 Pharmacopoeia-National Formulary, official Homeopathic
177	177	2 Pharmacopoeia of the United States, or any supplement to
178	178	3 any of them;
179	179	4 (2) articles intended for use in the diagnosis, cure,
180	180	5 mitigation, treatment, or prevention of disease in man or
181	181	6 other animals;
182	182	7 (3) articles (other than food) intended to affect the
183	183	8 structure or any function of the body of man or other
184	184	9 animals; and
185	185	10 (4) articles intended for use as a component of any
186	186	11 article specified in paragraph (1), (2), or (3).
187	187	12 "Essential nutrient" means any nutrient that the human
188	188	13 body needs and that must be taken from outside the body.
189	189	14 "Essential nutrient" includes any nutrient, whether an
190	190	15 element, vitamin, or macronutrient, that is included in the
191	191	16 National Institutes of Health and the Food and Nutrition Board
192	192	17 of the National Academies of Sciences, Engineering, and
193	193	18 Medicine Daily Reference Intakes (DRI).
194	194	19 "Over-the-counter diet pill" means a drug that is labeled,
195	195	20 marketed, or otherwise represented for the purpose of
196	196	21 achieving weight loss for which a prescription is not required
197	197	22 under the U.S. Food, Drug and Cosmetic Act.
198	198	23 "Probiotics" means live microorganisms that are ingested
199	199	24 with the intent to beneficially affect the host and provide
200	200	25 health benefits, such as through improving intestinal
201	201	26 microbial balance.
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212	212	1 "Proof of legal age" means:
213	213	2 (1) a valid driver's license or non-driver's
214	214	3 identification card which indicates that the individual is
215	215	4 at least 18 years of age and that is issued by this State;
216	216	5 the federal government; any United States territory,
217	217	6 commonwealth, or possession; the District of Columbia; a
218	218	7 state government within the United States; or a provincial
219	219	8 government of Canada;
220	220	9 (2) a valid passport issued by the United States or
221	221	10 any other country recognized by the United States,
222	222	11 indicating that the individual is at least 18 years of
223	223	12 age; or
224	224	13 (3) an identification card issued by the armed forces
225	225	14 of the United States, indicating that the individual is at
226	226	15 least 18 years of age.
227	227	16 "Retail establishment" means any vendor that, in the
228	228	17 regular course of business, sells dietary supplements for
229	229	18 weight loss or muscle building or over-the-counter diet pills
230	230	19 at retail directly to the public, including, but not limited
231	231	20 to, pharmacies, grocery stores, other retail stores, and
232	232	21 vendors that accept orders placed by mail, telephone,
233	233	22 electronic mail, Internet website, online catalog, or software
234	234	23 application.
235	235	24 Section 10. Prohibited sale to minors. No person shall
236	236	25 sell, offer to sell, or give away, as either a retail or
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247	247	1 wholesale promotion, an over-the-counter diet pill or dietary
248	248	2 supplement for weight loss or muscle building to any person
249	249	3 under 18 years of age, unless that individual has a
250	250	4 prescription for that item. Retail establishments shall
251	251	5 require proof of legal age for purchase of such products.
252	252	6 Section 15. Responsibilities of retail establishments.
253	253	7 (a) A retail establishment shall request valid
254	254	8 identification and proof of legal age from any person who
255	255	9 attempts to purchase a dietary supplement for weight loss or
256	256	10 muscle building or an over-the-counter diet pill if the retail
257	257	11 establishment cannot reasonably determine that the person
258	258	12 appears to be at least 18 years of age or has a prescription.
259	259	13 (b) Any person operating a retail establishment may
260	260	14 perform a transaction scan as a precondition for the purchase
261	261	15 of over-the-counter diet pills or dietary supplements for
262	262	16 weight loss or muscle building if the information deciphered
263	263	17 by the transaction scan fails to match the information printed
264	264	18 on the driver's license or non-driver identification card. If
265	265	19 the transaction scan indicates that the information in the
266	266	20 proof of legal age is false or fraudulent, the attempted
267	267	21 transaction shall be denied. The operator may confiscate the
268	268	22 false proof of legal age and submit it to local law
269	269	23 enforcement.
270	270	24 (c) A retail establishment or the employees of a retail
271	271	25 establishment shall only use a device capable of deciphering
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282	282	1 any electronically readable format, and shall only use the
283	283	2 information recorded and maintained through the use of such
284	284	3 devices, for the purposes contained in this Act. No retail
285	285	4 establishment or employee of such establishment shall resell
286	286	5 or disseminate the information recorded during a scan to any
287	287	6 third persons. Such prohibited resale or dissemination
288	288	7 includes, but is not limited to, any advertising, marketing or
289	289	8 promotional activities. Notwithstanding the restrictions
290	290	9 imposed by this Section, such records may be released under a
291	291	10 court ordered subpoena or under any other statute that
292	292	11 specifically authorizes the release of the information.
293	293	12 (d) A retail establishment or the employees of a retail
294	294	13 establishment may electronically or mechanically record and
295	295	14 maintain only the information from a transaction scan
296	296	15 necessary to effectuate this Act. Such information shall be
297	297	16 limited to the following: (i) name, (ii) date of birth, (iii)
298	298	17 driver's license or non-driver identification number, and (iv)
299	299	18 expiration date of the driver's license or identification
300	300	19 card.
301	301	20 Section 20. Responsibilities of delivery sellers.
302	302	21 (a) Notwithstanding subsection (a) of Section 15, an
303	303	22 online retailer or other delivery seller who mails or ships
304	304	23 over-the-counter diet pills or dietary supplements for weight
305	305	24 loss or muscle building to consumers:
306	306	25 (1) shall not sell, deliver, or cause to be delivered
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317	317	1 any over-the-counter diet pills or dietary supplements for
318	318	2 weight loss or muscle building to a person under 18 years
319	319	3 of age, unless the person in question has a prescription;
320	320	4 (2) shall use a method of mailing or shipping that
321	321	5 requires:
322	322	6 (A) the purchaser placing the delivery sale order,
323	323	7 or an adult who is at least 18 years of age, to sign to
324	324	8 accept delivery of the shipping container at the
325	325	9 delivery address; and
326	326	10 (B) the person who signs to accept delivery of the
327	327	11 shipping container to provide proof of legal age; and
328	328	12 (3) shall not accept a delivery sale order from a
329	329	13 person without obtaining the full name, birth date, and
330	330	14 residential address of that person.
331	331	15 (b) No delivery seller or employee of such establishment
332	332	16 shall resell or disseminate the information recorded to any
333	333	17 third person. Such prohibited resale or dissemination includes
334	334	18 but is not limited to any advertising, marketing, or
335	335	19 promotional activities. Notwithstanding the restrictions
336	336	20 imposed by this subdivision, such records may be released
337	337	21 pursuant to subpoena or under any other law that specifically
338	338	22 authorizes the release of such information.
339	339	23 Section 25. Remedies.
340	340	24 (a) Whenever there shall be a violation of this Act, an
341	341	25 application may be made by the Attorney General in the name of
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352	352	1 the people of the State of Illinois to a court having
353	353	2 jurisdiction by a special proceeding to issue an injunction,
354	354	3 and, upon notice to the defendant of not less than 5 days, to
355	355	4 enjoin and restrain the continuance of such violation; and, if
356	356	5 it shall appear to the satisfaction of the court that the
357	357	6 defendant has, in fact, violated this Act, an injunction may
358	358	7 be issued by the court, enjoining and restraining any further
359	359	8 violations, without requiring proof that any person has, in
360	360	9 fact, been injured or damaged thereby.
361	361	10 (b) Any person who violates any provision of this Act is
362	362	11 liable for a civil penalty of up to $1,000 per violation.
363	363	12 (c) It shall be an affirmative defense to any prosecution
364	364	13 under this Act that such person has produced a driver's
365	365	14 license or non-driver's license identification card apparently
366	366	15 issued by a governmental entity, successfully completed that
367	367	16 transaction scan, and that over-the-counter diet pills or
368	368	17 dietary supplements for weight loss or muscle building were
369	369	18 sold, delivered, or given to such person in reasonable
370	370	19 reliance upon such identification and transaction scan.
371	371	20 Evaluating the applicability of such affirmative defense, the
372	372	21 court shall take into consideration any written policy adopted
373	373	22 and implemented by the seller to effectuate the provisions of
374	374	23 this Act. Use of a transaction scan shall not excuse any person
375	375	24 operating a retail establishment from the exercise of
376	376	25 reasonable diligence otherwise required by this Act.
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