Bill Text: MI HB5830 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Trade: consumer goods and services; sale of certain dietary supplements and diet pills to individuals under the age of 18; prohibit. Creates new act.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Introduced) 2024-11-07 - Referred To Committee On Health Policy [HB5830 Detail]
Download: Michigan-2023-HB5830-Introduced.html
HOUSE BILL NO. 5830
A bill to prohibit the sale of certain dietary supplements and diet pills to minors; to prescribe civil sanctions and provide remedies; to provide for the promulgation of rules; and to provide for the powers and duties of certain state and local governmental officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "weight loss products and minors act".
(a) "Board" means the Michigan board of pharmacy created under section 17721 of the public health code, 1978 PA 368, MCL 333.17721.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Diet pill" means a drug, as that term is defined in 21 USC 321, that is labeled, marketed, or represented for the purpose of achieving weight loss and for which a prescription is not required under the federal food, drug, and cosmetic act, 21 USC 301 to 399i.
(e) "Minor" means an individual who is less than 18 years of age.
(f) "Person" means an individual, partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(g) "Physical sale" means a sale of a qualified dietary supplement or diet pill by a retailer to a customer at a physical location.
(h) "Qualified dietary supplement or diet pill" means a dietary supplement or diet pill that is included in the list under section 5.
(i) "Retailer" means a person that, in the regular course of business, sells dietary supplements or diet pills directly to consumers in this state.
(j) "Rule" means that term as defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(k) "Virtual sale" means an online, mail order, or telephonic sale of a qualified dietary supplement or diet pill by a retailer to a customer.
Sec. 3. (1) A retailer may not sell, offer to sell, or otherwise give a qualified dietary supplement or diet pill to a minor.
(2) Before a retailer makes a physical sale, a retailer shall request identification from the consumer and confirm that the consumer is not a minor.
(3) A retailer that makes a virtual sale may not accept an order from a consumer unless both of the following occur:
(a) The consumer provides the consumer's full name, birth date, and residential address.
(b) The retailer verifies the identity and age of the consumer using a commercially available database or aggregate of databases to which all of the following apply:
(i) The database or databases consist primarily of data from government sources.
(ii) The database or databases are regularly used by governmental agencies or businesses for the purpose of age and identity verification.
(iii) The database or databases are not in the possession or control of the retailer or person responsible for delivery of the qualified dietary supplements or diet pills.
(iv) The database or databases are not subject to change or supplementation by the retailer.
(4) A retailer that makes a virtual sale shall use a method of shipping that does both of the following:
(a) Prohibits a minor from accepting the delivery.
(b) Requires that the consumer accepting the delivery provide the person responsible for the delivery with valid identification that proves that the consumer is not a minor.
Sec. 4. A retailer shall not maintain a qualified dietary supplement or diet pill behind a counter where the public is not permitted or within a locked case so that a customer wanting access to the product must ask a store employee for assistance.
Sec. 5. (1) The department shall do both of the following by rule:
(a) Develop a list of dietary supplements and diet pills that are sold in this state.
(b) Make the list described in subdivision (a) available to retailers for the purpose of complying with this act.
(2) In determining whether to place a dietary supplement or diet pill on the list described in subsection (1), the department may consider 1 or both of the following:
(a) Whether the labeling or marketing of the dietary supplement or diet pill includes a statement or image that expressly states or implies that the dietary supplement or diet pill will help modify, maintain, or reduce body fat, weight, or appetite.
(b) The dietary supplement or diet pill is otherwise represented for the purpose of achieving weight loss.
(3) In developing the list described in subsection (1), the department may refer to the National Institutes of Health's dietary supplement label database to determine whether a product constitutes a dietary supplement or diet pill.
(4) The department, in consultation with the board, shall update the list described in subsection (1) annually.
Sec. 6. The department shall consult with the board in the promulgation of rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.
Sec. 7. If a retailer violates this act, the attorney general may bring a civil action for 1 or more of the following:
(a) A civil fine of not more than $1,000.00.
(b) Injunctive relief.
(c) Any other relief the court deems appropriate.
