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HB 5830

AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- AGE-APPROPRIATE DESIGN CODE

2025 Regular Session Introduced by Justine Caldwell and 9 co-sponsors

Michigan HB 5830 would bar retailers from selling diet pills or weight-loss supplements to anyone under 18, requiring age checks and penalties for violations.

03/27/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5830

Summary — HB 5830 (combined text supplied)

Note on source material: The supplied bill text appears to include two distinct measures joined in one document: (1) a Michigan House bill titled the "Weight Loss Products and Minors Act" (introduced June 25, 2024, by Rep. Erin Byrnes and others) that would restrict sales of certain diet pills and dietary supplements to minors; and (2) language from a Rhode Island "Age‑Appropriate Design Code" (introduced Feb. 28, 2025) addressing online services and child data protection. The status line supplied (03/27/2025 — committee recommended held for further study) appears in the legislative history. This summary describes the key provisions and likely impacts of each component and notes procedural status.

Purpose / intent

  • Weight Loss Products and Minors Act (Michigan): Prohibit the sale of specified over‑the‑counter diet pills and dietary supplements marketed for weight loss, fat burning, or appetite control to persons under 18; require retail controls and verification; create rulemaking duties and civil enforcement.
  • Age‑Appropriate Design Code (Rhode Island draft language): Establish standards for online services, products, and features used by children — limiting collection and processing of children's personal data, banning “dark patterns,” restricting profiling and targeted advertising, and defining duties for covered entities.

Key provisions — Weight Loss Products and Minors Act

  • Definitions: “Diet pill” (non‑prescription drug marketed for weight loss per 21 U.S.C. definitions); “dietary supplement” similarly defined when intended for weight loss and contains FDA‑regulated weight‑loss ingredients; “minor” = under 18.
  • Sales prohibition: Retailers may not sell, offer, or give listed (qualified) diet pills or dietary supplements to minors.
  • Physical sales: Retailers must request ID and confirm purchaser is not a minor before completing a physical sale.
  • Virtual/remote sales: Retailers may not accept online/mail/phone orders unless the consumer supplies full name, birth date, and address, and the retailer verifies age/identity through commercially available databases that are primarily government‑sourced and regularly used for verification.
  • Delivery: Virtual sales must use shipping methods that (a) prohibit minors from accepting delivery and (b) require the recipient to present valid ID proving they are not a minor.
  • Display rules: Qualified products may not be kept behind counters or in locked cases requiring staff assistance (i.e., must be accessible but sales controlled by age verification).
  • State duties: Department (of Licensing & Regulatory Affairs) must promulgate rules and maintain an annual list of qualifying products (may reference NIH dietary supplement label database).
  • Enforcement/penalties: Attorney General may bring civil actions; remedies include fines up to $1,000 per violation, injunctive relief, and other appropriate relief.

Key provisions — Age‑Appropriate Design Code (partial / truncated)

  • Scope: Applies to covered entities (for‑profit entities and affiliates with common branding) providing online services, products, or features.
  • Definitions and protections: Extensive definitions for “child” (under 18), “personal data,” “precise geolocation” (data locating a consumer within a circle radius <= 1,850 feet), “deidentified,” “derived data,” “profiling,” “sale/share,” and “dark pattern.”
  • Prohibitions and limits (excerpted):
    • Bans or restricts use of dark patterns designed to undermine user autonomy.
    • Limits collection, use, and retention of children’s personal data; prohibits certain profiling and targeted advertising for children.
    • Requires defaults and design choices to favor privacy and safety for children.
    • Sets standards for deidentification and contractual safeguards for recipient parties.
  • Note: the supplied RI text is truncated before enforcement and many operational provisions appear; full bill likely contains compliance, enforcement, and penalty sections.

Who is affected

  • Retailers and online sellers of diet pills and weight‑loss supplements operating in the state — pharmacies, grocery stores, specialty supplement sellers, online marketplaces fulfilling orders to state residents.
  • Manufacturers may be indirectly affected by product listing and labeling considerations.
  • Covered entities operating online services and products accessible to or directed at children (for the Age‑Appropriate Design Code) — technology companies, app developers, ad platforms, and data brokers.

Procedural / timeline

  • Michigan weight‑loss bill: introduced 06/25/2024; referred to Committee on Families, Children and Seniors; legislative actions through 03/27/2025 indicate a committee recommendation to hold for further study (status may delay or pause advancement).
  • Rhode Island Age‑Appropriate Design Code: introduced 02/28/2025, referred to House Corporations (text provided but truncated); status not fully specified in supplied history.
  • Enforcement and rulemaking are delegated to state departments (Michigan: Department of Licensing & Regulatory Affairs and Board of Pharmacy consultation) with annual list updates; Rhode Island draft would require rulemaking/implementation steps in full text.

If you want, I can:
- Extract the full Michigan bill text into a compliance checklist for retailers, or
- Compare the two measures and identify overlaps/conflicts (e.g., youth protections vs. age verification requirements).

Compiled from official sources — confirm details with the bill’s official record.

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