Texas 2025 - 89th Regular

Texas Senate Bill SB566 Compare Versions

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

Old	New	Differences
1	1	89R6034 LRM-D
2	2	By: Cook S.B. No. 566
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibited retail sale and provision to minors of
10	10	certain over-the-counter weight loss drugs and dietary
11	11	supplements; providing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
14	14	amended by adding Chapter 446 to read as follows:
15	15	CHAPTER 446. OVER-THE-COUNTER WEIGHT LOSS DRUGS AND DIETARY
16	16	SUPPLEMENTS
17	17	Sec. 446.001. DEFINITIONS. In this chapter:
18	18	(1) "Dietary supplement" means a dietary supplement,
19	19	as defined by 21 U.S.C. Section 321, labeled, marketed, or
20	20	otherwise represented for the purpose of achieving weight loss or
21	21	muscle building.
22	22	(2) "Over-the-counter weight loss drug" means a drug,
23	23	as defined by 21 U.S.C. Section 321, labeled, marketed, or
24	24	otherwise represented for the purpose of achieving weight loss for
25	25	which a prescription is not required under the Federal Food, Drug,
26	26	and Cosmetic Act (21 U.S.C. Chapter 9).
27	27	(3) "Retailer" means a person that, in the regular
28	28	course of business, sells over-the-counter weight loss drugs or
29	29	dietary supplements to individuals, including a pharmacy or grocery
30	30	store.
31	31	Sec. 446.002. DIETARY SUPPLEMENT LABELED, MARKETED, OR
32	32	OTHERWISE REPRESENTED FOR WEIGHT LOSS OR MUSCLE BUILDING. For the
33	33	purposes of this chapter, a dietary supplement may be considered
34	34	labeled, marketed, or otherwise represented for the purpose of
35	35	achieving weight loss or muscle building, if:
36	36	(1) the supplement:
37	37	(A) contains:
38	38	(i) an ingredient approved by the United
39	39	States Food and Drug Administration for weight loss or muscle
40	40	building;
41	41	(ii) a steroid; or
42	42	(iii) creatine, green tea extract,
43	43	raspberry ketone, garcinia cambogia, or green coffee bean extract;
44	44	or
45	45	(B) is labeled or marketed using statements or
46	46	images that express or imply the supplement will help:
47	47	(i) modify, maintain, or reduce body
48	48	weight, fat, appetite, overall metabolism, or the process by which
49	49	nutrients are metabolized; or
50	50	(ii) maintain or increase muscle or
51	51	strength;
52	52	(2) the supplement or the supplement's ingredients are
53	53	otherwise represented for the purpose of achieving weight loss or
54	54	muscle building; or
55	55	(3) the retailer or person described by Section
56	56	446.005(b) selling the drug or supplement categorizes the drug or
57	57	supplement for weight loss or muscle building by:
58	58	(A) placing signs or otherwise categorizing or
59	59	labeling the drug or supplement with statements or images described
60	60	by Subdivision (1)(B);
61	61	(B) grouping the drug or supplement with other
62	62	weight loss or muscle building products in a display,
63	63	advertisement, Internet webpage, or area of a store; or
64	64	(C) otherwise representing the drug or
65	65	supplement for weight loss or muscle building.
66	66	Sec. 446.003. PROHIBITED SALE OR PROVISION OF DRUG OR
67	67	SUPPLEMENT TO MINORS. A person may not sell, offer to sell, or give
68	68	away, as either a retail or wholesale promotion, an
69	69	over-the-counter weight loss drug or dietary supplement to an
70	70	individual younger than 18 years of age.
71	71	Sec. 446.004. RETAILER RESPONSIBILITIES. (a) A retailer
72	72	that sells an over-the-counter weight loss drug or dietary
73	73	supplement shall:
74	74	(1) ensure the drug or supplement is only accessible
75	75	to the retailer's employees and not directly accessible to
76	76	customers; and
77	77	(2) limit access to the drug or supplement to prevent
78	78	unauthorized access by customers, including by placing the drug or
79	79	supplement behind the retail counter or in a locked case.
80	80	(b) A retailer shall request identification from an
81	81	individual who attempts to purchase an over-the-counter weight loss
82	82	drug or dietary supplement if the retailer cannot reasonably
83	83	determine the individual is 18 years of age or older.
84	84	Sec. 446.005. RESPONSIBILITIES FOR CERTAIN SALES INVOLVING
85	85	REMOTE ORDERING OR DELIVERY. (a) This section applies only to the
86	86	sale of an over-the-counter weight loss drug or dietary supplement
87	87	to an individual if:
88	88	(1) the individual orders the drug or supplement by
89	89	telephone, by mail or other delivery service, through the Internet
90	90	or another online service, or by another method by which the seller
91	91	is not in the physical presence of the individual when the order is
92	92	placed; or
93	93	(2) the drug or supplement is delivered to the
94	94	individual by common carrier, private delivery service, another
95	95	remote delivery method, or any other method by which the seller is
96	96	not in the physical presence of the individual at the time the
97	97	individual obtains possession of the drug or supplement.
98	98	(b) A person, including an online retailer, that sells an
99	99	over-the-counter weight loss drug or dietary supplement to which
100	100	this section applies and that mails or ships the drug or supplement
101	101	to individuals:
102	102	(1) may not sell, deliver, or cause to be delivered the
103	103	drug or supplement to an individual younger than 18 years of age;
104	104	(2) must use a method of mailing or shipping that
105	105	requires:
106	106	(A) an individual placing the order to sign and
107	107	accept the delivery at the delivery address; and
108	108	(B) the individual who signs and accepts the
109	109	delivery to provide proof the individual is 18 years of age or older
110	110	in the form of a government-issued driver's license or personal
111	111	identification certificate bearing a photograph of the individual;
112	112	and
113	113	(3) may not accept an order for pickup or delivery from
114	114	an individual without:
115	115	(A) obtaining the full name, birth date, and
116	116	residential address of the individual; and
117	117	(B) ensuring the individual is 18 years of age or
118	118	older by verifying the information provided in Paragraph (A)
119	119	through the use of a commercially available database or aggregate
120	120	of databases, consisting primarily of data from government sources,
121	121	that the government and businesses regularly use to verify and
122	122	authenticate an individual's age and identity.
123	123	(c) A person that sells an over-the-counter weight loss drug
124	124	or dietary supplement to which this section applies may not use a
125	125	database for age and identity verification under Subsection
126	126	(b)(3)(B) that the person owns or controls or that is subject to any
127	127	changes or supplementation by the person.
128	128	Sec. 446.006. CIVIL PENALTY; INJUNCTION; AFFIRMATIVE
129	129	DEFENSE. (a) A person who violates this chapter is liable to this
130	130	state for a civil penalty of not more than $500 for each violation.
131	131	(b) The attorney general may bring an action to:
132	132	(1) recover the civil penalty imposed under this
133	133	section; or
134	134	(2) restrain or enjoin the person from violating this
135	135	chapter.
136	136	(c) It is an affirmative defense to liability in a civil
137	137	action under this chapter if a person demonstrates the individual
138	138	younger than 18 years of age presented an apparently valid driver's
139	139	license or personal identification certificate issued by a
140	140	governmental entity and the license or certificate passed the age
141	141	verification method.
142	142	(d) The attorney general may recover reasonable attorney's
143	143	fees and other reasonable expenses incurred in investigating and
144	144	bringing an action under this section.
145	145	(e) The attorney general shall deposit a civil penalty
146	146	collected under this section in the state treasury to the credit of
147	147	the general revenue fund.
148	148	Sec. 446.007. RULES. The executive commissioner shall
149	149	adopt rules as necessary to implement this chapter.
150	150	SECTION 2. Notwithstanding Chapter 446, Health and Safety
151	151	Code, as added by this Act, a person is not required to comply with
152	152	that chapter until December 1, 2025.
153	153	SECTION 3. This Act takes effect September 1, 2025.