ASSEMBLY HEALTH COMMITTEE
STATEMENT TO
ASSEMBLY, No. 1848
with committee amendments
STATE OF NEW JERSEY
DATED: SEPTEMBER 23, 2024
The Assembly Health Committee reports favorably and with
committee amendments Assembly Bill No. 1848.
As amended, this bill prohibits the sale of certain diet pills and
dietary supplements to minors.
Specifically, the bill prohibits a person, firm, corporation,
partnership, association, limited liability company, or other entity from
selling any over-the-counter diet pill or dietary supplement for weight
loss or muscle building to a minor under 18 years of age, unless the
minor is accompanied by a parent or guardian.
The bill defines “dietary supplement for weight loss or muscle
building” to mean a class of dietary supplements that is labeled,
marketed, or otherwise represented for the purpose of achieving
weight loss or muscle building, but shall not include protein powders,
protein drinks, or foods marketed as containing protein unless the
protein powder, protein drink, or food marketed as containing protein
contains an ingredient other than protein which would, considered
alone, constitute a dietary supplement for weight loss or muscle
building. “Over-the-counter diet pill” means a class of drugs labeled,
marketed, or otherwise represented for the purpose of achieving
weight loss that are lawfully sold, transferred, or furnished over-the-
counter, with or without a prescription, pursuant to the "Federal Food,
Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq., or pursuant to
regulations adopted thereunder.
Under the bill, no person is to complete a delivery of any over-the-
counter diet pill or dietary supplement for weight loss or muscle
building to a residence in this State without first obtaining the
signature of an individual who is at least 18 years of age and who
resides in that residence. The bill establishes a defense against
prosecution for a violation of this provision, as well as an exemption
for postal workers.
A person who violates the bill’s provisions is to be liable to a civil
penalty of not more than $750. The civil penalty is to 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. The bill establishes criteria for a court to consider when 2
determining whether an over-the-counter diet pill or dietary
supplement is labeled, marketed, or otherwise represented for the
purpose of achieving weight loss or muscle building.
The bill’s provisions do not apply to any over-the-counter diet pill
or dietary supplement for weight loss or muscle building that has been
prescribed by a licensed health care professional. Nothing in the bill is
to be construed to impose liability on news media that accept
advertising, publish advertising, or both for any over-the-counter diet
pill or dietary supplement for weight loss or muscle building.
COMMITTEE AMENDMENTS:
The committee amendments:
1) prohibit the delivery of any over-the-counter diet pill or dietary
supplement for weight loss or muscle building without first obtaining
the signature of an individual who is at least 18 years old and who
resides in that residence, and establish a defense for a violation of this
prohibition;
2) establish an exemption for news media and postal workers;
3) prohibit placing a package for delivery that does not clearly
indicate the presence of an over-the-counter diet pill or a dietary
supplement for weight loss or muscle building within the package;
4) establish criteria for a court to consider when determining
whether an over-the-counter diet pill or dietary supplement is labeled,
marketed, or represented for achieving weight loss or muscle building;
5) define and incorporate the terms “delivery sale” and "delivery
seller";
6) define “retail establishment” and modify the definition
“over-the-counter diet pill”;
7) modify and rename the definition of “dietary supplement for
muscle building”;
8) clarify that no person, firm, corporation, partnership,
association, limited liability company, or other entity is to sell over-
the-counter diet pills or dietary supplements for weight loss or muscle
building to a minor who is unaccompanied by a parent or guardian;
and
9) make technical changes involving the synopsis and numbering.
This bill was pre-filed for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.