Bill
HB 3027
The bill bans selling OTC weight‑loss or muscle‑building supplements to anyone under 18 unless they have a prescription.
Status snapshot
- Introduced by Rep. Janet Yang Rohr (primary) with co-sponsors Rep. Camille Y. Lilly and Rep. Theresa Mah.
- Filed: 2/6/2025. House Amendment 001 filed 3/14/2025 and adopted in Public Health Committee (voice vote).
- Current status: Rule 19(a) / Re‑referred to Rules Committee (4/11/2025). Key committee actions and readings occurred between Feb–Apr 2025.
Purpose
- To prohibit sales of weight‑loss or muscle‑building over‑the‑counter (OTC) diet pills and dietary supplements to persons under 18 years of age (except when the minor has a valid prescription), and to establish retailer/delivery seller responsibilities, enforcement tools, and penalties to limit minor access to these products.
Key provisions
- Prohibition: No person may sell, offer to sell, or give away OTC diet pills or dietary supplements labeled, marketed, or represented for weight loss or muscle building to anyone under age 18 unless the buyer presents a prescription.
- Definitions: Detailed definitions for terms such as “dietary supplement,” “dietary supplement for weight loss or muscle building,” “over‑the‑counter diet pill,” “delivery sale,” “delivery seller,” “retail establishment,” “essential nutrient,” “probiotics,” and “proof of legal age.” Notable content:
- Exclusions: items marketed as containing essential nutrients, probiotics, fiber, or caffeine are not automatically covered (caffeine over 400 mg/day or products containing other weight‑loss ingredients remain covered).
- “Dietary supplement for weight loss or muscle building” can be identified by ingredients, labeling/marketing claims, retailer categorization, or by rulemaking (see below).
- Retailer and delivery seller responsibilities:
- Retail establishments must request proof of legal age (examples: valid state driver’s/non‑driver ID, U.S. or foreign passport, U.S. military ID) when the purchaser appears to be at least 18 or the seller cannot reasonably determine age.
- Permitted use of transaction‑scanning technology to verify ID; sellers may deny transactions and confiscate fraudulent IDs if scan indicates falsified information (process truncated in the amendment text).
- Delivery sellers (including online retailers and remote sales) are covered by the delivery‑sale definitions and must prevent underage access.
- Enforcement and penalties:
- Attorney General may seek a special proceeding and injunction (with at least 5 days’ notice to the defendant).
- Civil penalty up to $1,000 per violation.
- An affirmative defense is available for sellers who can show compliance with the Act’s requirements (specifics appear in the bill text).
- Rulemaking authority:
- Attorney General and Department of Public Health (DPH) may adopt rules to identify additional dietary supplements or drugs subject to the Act and to implement the Act as needed.
Who would be affected
- Directly affected: retail establishments, pharmacies, online retailers, delivery services, and other sellers of OTC diet pills and dietary supplements marketed for weight loss or muscle building.
- Indirectly affected: minors under 18, parents/caregivers, prescribers (physicians) issuing prescriptions that permit a sale, and state enforcement agencies (Attorney General, DPH).
- Consumers of supplements that contain excluded ingredients (basic vitamins, probiotics, fiber, caffeine under 400 mg/day) would generally be unaffected unless products also contain other weight‑loss/muscle‑building ingredients or are otherwise designated by rule.
Procedural notes and next steps
- The bill has passed through Public Health Committee with amendment and was placed on the House calendar for second reading. It has since been re‑referred to the Rules Committee under Rule 19(a), meaning further floor consideration is pending scheduling by that committee.
- If enacted, the AG and DPH will have ongoing regulatory roles to designate covered products and to issue implementing rules.
Potential impacts to watch
- Compliance costs and operational changes for retail and delivery sellers (ID verification systems, staff training, possible transaction‑scanning technology).
- Enforcement exposure via per‑violation civil penalties and injunctions.
- Public‑health/consumer protection implications aimed at reducing minor access to potentially harmful weight‑loss and muscle‑building products.
Compiled from official sources — confirm details with the bill’s official record.
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