SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

STATEMENT TO

SENATE, No. 2387

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 15, 2022

      The Senate Health, Human Services and Senior Citizens Committee reports favorably and with committee amendments Senate Bill No. 2387.

      As amended, this bill prohibits the sale of certain diet pills and dietary supplements to minors.

      Specifically, the bill prohibits a person from selling, offering to sell, or offering for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for muscle building to a person under 18 years of age unless the minor is accompanied by a parent or guardian.

      As used in the bill, “dietary supplement for muscle building” means a dietary supplement sold for or used with the intent to build muscle and does not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building.  “Over-the-counter diet pill” means a drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation.

      The bill stipulates that a person who violates the provisions of the bill, including an employee of a retail establishment who actually sells any over-the-counter diet pill or dietary supplement for muscle building to a person under 18 years of age, is liable to a civil penalty of not more than $750.  In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation is to be assessed against the retail establishment at which the violation occurred and not the chain.  The civil penalty is to be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction.

      The provisions of the bill do not apply to the sale of any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law.

COMMITTEE AMENDMENTS:

      The committee amendments permit selling, offering to sell, or offering for promotional purposes any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age if the minor is accompanied by a parent or guardian. The amendments make technical changes to the synopsis and title to reflect this change, and to address usage.