AB 82: Dietary supplements for weight loss and over-the-counter diet pills.

Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. A violation of those provisions is a crime. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age.

This bill would prohibit a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills, as defined, to any person under 18 years of age without a prescription, by requiring the retail establishment to follow a specified identification check. The bill would, to the extent not in conflict with federal law, require the department to develop a notice stating that certain dietary supplements for weight loss or OTC diet pills may contribute to specified health conditions or death. The bill would require a retail establishment that sells those products to post that notice.

The bill would require the department, in consultation with certain entities, to determine which dietary supplements for weight loss and OTC diet pills would be subject to these provisions, in a manner consistent with specified criteria.

The bill would make a person who violates these provisions liable for a civil penalty of no more than $250 for each violation, as specified. The bill would exempt a retail clerk from any civil penalties for a violation of these provisions, except as specified. Under the bill, the above-described criminal penalty would not apply to a violation of these provisions.

The bill would make these provisions operative on January 1, 2026, and would make the provisions severable.