Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2440 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. 2670 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2440
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danielle W. Gregoire
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:Danielle W. Gregoire4th Middlesex1/16/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2670 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2440
18	18	By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 2440)
19	19	of Danielle W. Gregoire relative to protecting children from harmful diet pills and muscle-
20	20	building supplements. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2215 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act protecting children from harmful diet pills and muscle-building supplements.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the
32	32	2following section:-
33	33	3 Section 243. Sale of over-the-counter diet pills and dietary supplements for weight loss or
34	34	4muscle building
35	35	5 (a)Definitions: For purposes of this section the following terms shall have the
36	36	6following meanings:
37	37	7 (1)“Dietary supplement for weight loss or muscle building” means a dietary
38	38	8supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented
39	39	9for the purpose of achieving weight loss or building muscle. 2 of 6
40	40	10 (2)“Over-the-counter diet pill” means a drug as defined in 21 U.S.C. 321(g)(1)
41	41	11labeled marketed, or otherwise represented for the purpose of achieving weight loss for which a
42	42	12prescription is not required under the federal Food, Drug and Cosmetic Act.
43	43	13 (3)“Retail establishment” means any vendor that, in the regular course of business,
44	44	14sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail
45	45	15directly to the public, including, but not limited to, pharmacies, grocery stores, other retail stores,
46	46	16and vendors that accept orders placed by mail, telephone, electronic mail, internet website,
47	47	17online catalog, or software application.
48	48	18 (4)“Delivery sale ” means any sale of over-the-counter diet pills or dietary
49	49	19supplements for weight loss or muscle building to a consumer if —
50	50	20 (i)The consumer submits the order for the sale by means of a telephone or other
51	51	21method of voice transmission, the mails, or the Internet or other online service, or the seller is
52	52	22otherwise not in the physical presence of the buyer when the request for purchase or order is
53	53	23made; or
54	54	24 (ii)The over-the-counter diet pills or dietary supplements for weight loss or muscle
55	55	25building are delivered to the buyer by common carrier, private delivery service, or other method
56	56	26of remote delivery, or the seller is not in the physical presence of the buyer when the buyer
57	57	27obtains possession of the over-the-counter diet pills or dietary supplements for weight loss or
58	58	28muscle building.
59	59	29 (5)“Delivery Seller ” means a person, including online retailers, who makes delivery
60	60	30sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building. 3 of 6
61	61	31 (b)Prohibitions: No person shall sell or offer to sell or give away, as either a retail or
62	62	32whole-sale promotion, an over-the-counter diet pill or dietary supplement for weight loss or
63	63	33muscle building to any person under eighteen years of age.
64	64	34 (c)Responsibilities of retail establishments:
65	65	35 (1)Any retail establishment that sells over-the-counter diet pills or dietary
66	66	36supplements for weight loss or muscle building shall limit access to such products in a manner
67	67	37designed to prevent unauthorized access to such products. Such products shall not be directly
68	68	38accessible by customers, and may be accessed only by employees of the establishment at such
69	69	39location such as behind retail counter or in a locked case.
70	70	40 (2)For purposes of paragraph (1), and subject to paragraph (d), a retail establishment
71	71	41shall request valid identification from any person who attempts to purchase a dietary supplement
72	72	42for weight loss or over-the-counter diet pill if the retail establishment cannot reasonably
73	73	43determine that the person appears to be under 18 years of age.
74	74	44 (d)Responsibilities of delivery sellers :
75	75	45 (1)Notwithstanding paragraph (c)(2), a delivery seller, including online retailers,
76	76	46who mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle
77	77	47building to consumers:
78	78	48 (i)Shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or
79	79	49dietary supplements for weight loss or muscle building to a person under eighteen years of age.
80	80	50 (ii)Shall use a method of mailing or shipping that requires— 4 of 6
81	81	51 (A)The purchaser placing the delivery sale order, or an adult who is at least 18 years
82	82	52of age to sign to accept delivery of the shipping container at the delivery address; and
83	83	53 (B)The person who signs to accept delivery of the shipping container to provide
84	84	54proof, in the form of a valid, government-issued identification bearing a photograph of the
85	85	55individual, that the person is at least eighteen years of age and
86	86	56 (iii)Shall not accept a delivery sale order from a person without—
87	87	57 (A)Obtaining the full name, birth date, and residential address of that person; and
88	88	58 (B)Verifying the information provided in subclause (A), through the use of a
89	89	59commercially available database or aggregate of databases, consisting primarily of data from
90	90	60government sources, that are regularly used by government and businesses for the purpose of age
91	91	61and identity verification and authentication, to ensure that the purchaser is at least eighteen years
92	92	62of age.
93	93	63 (2)Limitation: No database being used for age and identity verification under
94	94	64subparagraph (d)(iii) shall be in the possession or under the control of the delivery seller, or be
95	95	65subject to any changes or supplementation by the delivery seller.
96	96	66 (e)Remedies:
97	97	67 (1)Whenever there shall be a violation of this section, an application may be made
98	98	68by the attorney general in the name of the people of the Commonwealth of Massachusetts, to a
99	99	69court or justice having jurisdiction by a special proceeding to issue an injunction, and upon
100	100	70notice to the defendant of not less than five days, to enjoin and restrain the continuance of such
101	101	71violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in 5 of 6
102	102	72fact, violated this section, an injunction may be issued by the court or justice, enjoining and
103	103	73restraining any further violations, without requiring proof that any person has, in fact, been
104	104	74injured or damaged thereby.
105	105	75 (2)Whenever the court shall determine that a violation of this section has occurred,
106	106	76the court may impose a civil penalty of not more than one thousand dollars ($1,000).
107	107	77 (f)When determining whether supplement is “labeled marketed, or otherwise
108	108	78represented for the purpose of achieving weight loss or muscle building” the Attorney General
109	109	79shall consider, but is not limited to, the following factors:
110	110	80 (1)Whether the product contains:
111	111	81 (i)An ingredient approved by the federal Food and Drug Administration for weight
112	112	82loss or muscle building;
113	113	83 (ii)A steroid; or
114	114	84 (iii)Creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee
115	115	85bean extract; or
116	116	86 (2)Whether the product’s labeling or marketing bears statements or images that
117	117	87express or imply that the product will help:
118	118	88 (i)Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the
119	119	89process by which nutrients are metabolized, and
120	120	90 (ii)Maintain or increase muscle or strength; and 6 of 6
121	121	91 (3)Whether the product or its ingredients are otherwise represented for the purpose
122	122	92of achieving weight loss or building muscle.