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.