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Bill Summary · HB 943

Summary of HB 943 (Ohio, 136th General Assembly)

Purpose and intent

  • HB 943 proposes to prohibit the sale of over-the-counter diet pills and dietary supplements marketed for weight loss or muscle building to individuals under 18 years of age.
  • The bill creates new statutory provisions (sections 3715.811, 3715.812, and 3715.813) and revises related enforcement provisions to strengthen age-verification and purchase controls for these products.

Key provisions and changes

  • Definitions (Sec. 3715.811)

    • Establishes what qualifies as a “delivery sale” (including orders placed by phone, online, or other non-face-to-face methods, and deliveries made by mail or carrier).
    • Defines terms:
    • “Dietary supplement for weight loss or muscle building” as a supplement labeled/marketed for those purposes (per 21 U.S.C. 321).
    • “Over-the-counter diet pill” as an FDA-regulated drug labeled/marketed for weight loss that does not require a prescription under the FD&C Act.
    • “Identification card” includes government and state IDs (driver’s licenses, military IDs, etc.).
    • “Retailer” includes brick-and-mortar and entities that accept remote orders.

  • Prohibition on sales to minors (Sec. 3715.811(B))

    • Prohibits knowingly selling, offering to sell, holding for sale, delivering, or otherwise providing an OTC diet pill or weight loss/muscle-building supplement to anyone under 18.

  • Age verification and delivery requirements (Sec. 3715.812)

    • Retailers must require purchasers to present an ID for any OTC weight-loss/dietary supplement purchase, unless the clerk reasonably believes the person is at least 25 based on appearance.
    • For delivery sales:
    • Retailers must obtain the purchaser’s full name, birthdate, and residential address and verify age using a commercially available government-sourced database or databases designed for age/identity verification.
    • Delivery must use a shipping method that requires:
      • A signature from the purchaser or another adult (18+) at the delivery address.
      • Verification of the signer’s photo ID at delivery.
    • The age/identity verification databases used cannot be controlled by the retailer or be altered by the retailer.

  • Guidance on labeling and weight-loss/muscle-building claims (Sec. 3715.813)

    • The Director of Agriculture will assess whether a product is marketed for weight loss or muscle building based on:
    • Ingredients (e.g., FDA-approved weight-loss/muscle-building ingredients, steroids, or certain popular supplements like creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract).
    • Labeling/marketing statements or imagery implying weight loss or muscle-building effects.
    • Other representations that the product is intended for weight loss or muscle building.
    • Seller actions (signage, product grouping with other weight-loss/muscle-building items, or other representations).

  • Penalties (Sec. 3715.99)

    • Violations carry penalties aligned with existing related provisions, plus a specific enforcement mechanism:
    • Violations of the new sections 3715.811 or 3715.812 penalized as unlawful sale of an OTC diet pill or dietary supplement for weight loss or muscle building, with a maximum fine of up to $1,000 for each offense.
    • Other listed penalties (for other sections) follow existing misdemeanor classifications (ranging from minor misdemeanor to fourth-degree misdemeanor, multi-offense penalties, etc.) consistent with current law.

  • Repeal of existing section (Sec. 2)

    • The current Section 3715.99 is repealed and replaced with the new hierarchy of penalties and the updated framework.

Potential impact

  • Retailers and delivery sellers

    • Must implement age-verification procedures for in-person and delivery sales of OTC weight-loss/muscle-building products.
    • For delivery sales, must use verifiable age databases and require a signature plus photo ID at delivery.
    • Retailers cannot rely on their own databases or allow changes to verification databases; verification must come from independent, government-sourced or commercially established databases.

  • Minors and consumer protections

    • Strengthened protection for individuals under 18 by prohibiting sales of these products to minors and adding robust age-verification requirements.

  • Regulatory oversight

    • The Director of Agriculture will scrutinize labeling and marketing to determine whether a product is intended for weight loss or muscle building, potentially impacting how certain supplements are categorized and enforced.

  • Enforcement and penalties

    • Clear monetary penalties (up to $1,000 per unlawful sale) provide a first-order enforcement remedy, with additional penalties aligned to existing Ohio misdemeanors for other related violations.

Timing and status

  • Introduced in the 136th General Assembly (Regular Session) on May 19, 2026.
  • No title provided; the bill seeks to amend Revised Code sections and enact new sections related to age-restricted sales of OTC weight-loss/muscle-building products.

If you’d like, I can provide a side-by-side comparison with current Ohio law on similar products, or a plain-language FAQ for retailers.

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

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