Senate Bill S5823C

Signed By Governor
2023-2024 Legislative Session

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building

download bill text pdf

Sponsored By

Current Bill Status Via A5610 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S5823 - Details

See Assembly Version of this Bill:
A5610
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089, A10138
2021-2022: S16, A431

2023-S5823 - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; exempts certain protein powders, protein drinks and foods.

2023-S5823 - Sponsor Memo

2023-S5823 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5823
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  FOR PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING"  MEANS  A
 CLASS  OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED NINETY-
 ONE-O OF THIS ARTICLE THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND 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.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  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.  SECTION  301 ET SEQ., OR REGULATIONS ADOPTED
 THEREUNDER.
   (C) "RETAIL ESTABLISHMENT" MEANS  ANY  VENDOR  THAT,  IN  THE  REGULAR
 COURSE  OF BUSINESS, SELLS DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE
 BUILDING OR OVER-THE-COUNTER  DIET  PILLS  AT  RETAIL  DIRECTLY  TO  THE
 PUBLIC, INCLUDING, BUT NOT LIMITED TO, PHARMACIES, GROCERY STORES, OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-02-3
              

co-Sponsors

2023-S5823A - Details

See Assembly Version of this Bill:
A5610
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089, A10138
2021-2022: S16, A431

2023-S5823A - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; exempts certain protein powders, protein drinks and foods.

2023-S5823A - Sponsor Memo

2023-S5823A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5823--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  FOR PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING"  MEANS  A
 CLASS  OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED NINETY-
 ONE-O OF THIS ARTICLE THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND 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.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  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.  SECTION  301 ET SEQ., OR REGULATIONS ADOPTED
 THEREUNDER.
   (C) "RETAIL ESTABLISHMENT" MEANS  ANY  VENDOR  THAT,  IN  THE  REGULAR
 COURSE  OF BUSINESS, SELLS DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-06-3
              

co-Sponsors

2023-S5823B - Details

See Assembly Version of this Bill:
A5610
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089, A10138
2021-2022: S16, A431

2023-S5823B - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; exempts certain protein powders, protein drinks and foods.

2023-S5823B - Sponsor Memo

2023-S5823B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5823--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  HOYLMAN-SIGAL  --  read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  FOR PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING"  MEANS  A
 CLASS  OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED NINETY-
 ONE-O OF THIS ARTICLE THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND 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.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  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.  SECTION  301 ET SEQ., OR REGULATIONS ADOPTED
 THEREUNDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-09-3
              

co-Sponsors

2023-S5823C (ACTIVE) - Details

See Assembly Version of this Bill:
A5610
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089, A10138
2021-2022: S16, A431

2023-S5823C (ACTIVE) - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18; exempts certain protein powders, protein drinks and foods.

2023-S5823C (ACTIVE) - Sponsor Memo

2023-S5823C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5823--C
     Cal. No. 663
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  HOYLMAN-SIGAL  --  read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  FOR PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING"  MEANS  A
 CLASS  OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED NINETY-
 ONE-O OF THIS ARTICLE THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND 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.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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