Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2215 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1810 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2215
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kay Khan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting children from harmful diet pills and muscle-building supplements.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/17/2023James K. Hawkins2nd Bristol1/27/2023Brian M. Ashe2nd Hampden2/9/2023Samantha Montaño15th Suffolk2/13/2023Brian W. Murray10th Worcester2/16/2023Carol A. Doherty3rd Bristol2/20/2023Natalie M. Higgins4th Worcester2/23/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1810 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2215
18	18	By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2215) of Kay
19	19	Khan and others relative to protecting children from harmful diet pills and muscle-building
20	20	supplements. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act protecting children from harmful diet pills and muscle-building supplements.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the
30	30	2following section:-
31	31	3 Section 243. Sale of over-the-counter diet pills and dietary supplements for weight loss or
32	32	4muscle building
33	33	5 (a)Definitions: For purposes of this section the following terms shall have the
34	34	6following meanings:
35	35	7 (1)“Dietary supplement for weight loss or muscle building” means a dietary
36	36	8supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented
37	37	9for the purpose of achieving weight loss or building muscle. 2 of 6
38	38	10 (2)“Over-the-counter diet pill” means a drug as defined in 21 U.S.C. 321(g)(1)
39	39	11labeled marketed, or otherwise represented for the purpose of achieving weight loss for which a
40	40	12prescription is not required under the federal Food, Drug and Cosmetic Act.
41	41	13 (3)“Retail establishment” means any vendor that, in the regular course of business,
42	42	14sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail
43	43	15directly to the public, including, but not limited to, pharmacies, grocery stores, other retail stores,
44	44	16and vendors that accept orders placed by mail, telephone, electronic mail, internet website,
45	45	17online catalog, or software application.
46	46	18 (4)“Delivery sale ” means any sale of over-the-counter diet pills or dietary
47	47	19supplements for weight loss or muscle building to a consumer if —
48	48	20 (i)The consumer submits the order for the sale by means of a telephone or other
49	49	21method of voice transmission, the mails, or the Internet or other online service, or the seller is
50	50	22otherwise not in the physical presence of the buyer when the request for purchase or order is
51	51	23made; or
52	52	24 (ii)The over-the-counter diet pills or dietary supplements for weight loss or muscle
53	53	25building are delivered to the buyer by common carrier, private delivery service, or other method
54	54	26of remote delivery, or the seller is not in the physical presence of the buyer when the buyer
55	55	27obtains possession of the over-the-counter diet pills or dietary supplements for weight loss or
56	56	28muscle building.
57	57	29 (5)“Delivery Seller ” means a person, including online retailers, who makes delivery
58	58	30sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building. 3 of 6
59	59	31 (b)Prohibitions: No person shall sell or offer to sell or give away, as either a retail or
60	60	32whole-sale promotion, an over-the-counter diet pill or dietary supplement for weight loss or
61	61	33muscle building to any person under eighteen years of age.
62	62	34 (c)Responsibilities of retail establishments:
63	63	35 (1)Any retail establishment that sells over-the-counter diet pills or dietary
64	64	36supplements for weight loss or muscle building shall limit access to such products in a manner
65	65	37designed to prevent unauthorized access to such products. Such products shall not be directly
66	66	38accessible by customers, and may be accessed only by employees of the establishment at such
67	67	39location such as behind retail counter or in a locked case.
68	68	40 (2)For purposes of paragraph (1), and subject to paragraph (d), a retail establishment
69	69	41shall request valid identification from any person who attempts to purchase a dietary supplement
70	70	42for weight loss or over-the-counter diet pill if the retail establishment cannot reasonably
71	71	43determine that the person appears to be under 18 years of age.
72	72	44 (d)Responsibilities of delivery sellers :
73	73	45 (1)Notwithstanding paragraph (c)(2), a delivery seller, including online retailers,
74	74	46who mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle
75	75	47building to consumers:
76	76	48 (i)Shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or
77	77	49dietary supplements for weight loss or muscle building to a person under eighteen years of age.
78	78	50 (ii)Shall use a method of mailing or shipping that requires— 4 of 6
79	79	51 (A)The purchaser placing the delivery sale order, or an adult who is at least 18 years
80	80	52of age to sign to accept delivery of the shipping container at the delivery address; and
81	81	53 (B)The person who signs to accept delivery of the shipping container to provide
82	82	54proof, in the form of a valid, government-issued identification bearing a photograph of the
83	83	55individual, that the person is at least eighteen years of age and
84	84	56 (iii)Shall not accept a delivery sale order from a person without—
85	85	57 (A)Obtaining the full name, birth date, and residential address of that person; and
86	86	58 (B)Verifying the information provided in subclause (A), through the use of a
87	87	59commercially available database or aggregate of databases, consisting primarily of data from
88	88	60government sources, that are regularly used by government and businesses for the purpose of age
89	89	61and identity verification and authentication, to ensure that the purchaser is at least eighteen years
90	90	62of age.
91	91	63 (2)Limitation: No database being used for age and identity verification under
92	92	64subparagraph (d)(iii) shall be in the possession or under the control of the delivery seller, or be
93	93	65subject to any changes or supplementation by the delivery seller.
94	94	66 (e)Remedies:
95	95	67 (1)Whenever there shall be a violation of this section, an application may be made
96	96	68by the attorney general in the name of the people of the Commonwealth of Massachusetts, to a
97	97	69court or justice having jurisdiction by a special proceeding to issue an injunction, and upon
98	98	70notice to the defendant of not less than five days, to enjoin and restrain the continuance of such
99	99	71violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in 5 of 6
100	100	72fact, violated this section, an injunction may be issued by the court or justice, enjoining and
101	101	73restraining any further violations, without requiring proof that any person has, in fact, been
102	102	74injured or damaged thereby.
103	103	75 (2)Whenever the court shall determine that a violation of this section has occurred,
104	104	76the court may impose a civil penalty of not more than one thousand dollars ($1,000).
105	105	77 (f)When determining whether supplement is “labeled marketed, or otherwise
106	106	78represented for the purpose of achieving weight loss or muscle building” the Attorney General
107	107	79shall consider, but is not limited to, the following factors:
108	108	80 (1)Whether the product contains:
109	109	81 (i)An ingredient approved by the federal Food and Drug Administration for weight
110	110	82loss or muscle building;
111	111	83 (ii)A steroid; or
112	112	84 (iii)Creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee
113	113	85bean extract; or
114	114	86 (2)Whether the product’s labeling or marketing bears statements or images that
115	115	87express or imply that the product will help:
116	116	88 (i)Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the
117	117	89process by which nutrients are metabolized, and
118	118	90 (ii)Maintain or increase muscle or strength; and 6 of 6
119	119	91 (3)Whether the product or its ingredients are otherwise represented for the purpose
120	120	92of achieving weight loss or building muscle.