89R6034 LRM-D

By: Lalani H.B. No. 1474

A BILL TO BE ENTITLED

AN ACT

relating to the prohibited retail sale and provision to minors of certain over-the-counter weight loss drugs and dietary supplements; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Health and Safety Code, is amended by adding Chapter 446 to read as follows:

CHAPTER 446. OVER-THE-COUNTER WEIGHT LOSS DRUGS AND DIETARY

SUPPLEMENTS

Sec. 446.001. DEFINITIONS. In this chapter:

(1) "Dietary supplement" means a dietary supplement, as defined by 21 U.S.C. Section 321, labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building.

(2) "Over-the-counter weight loss drug" means a drug, as defined by 21 U.S.C. Section 321, labeled, marketed, or otherwise represented for the purpose of achieving weight loss for which a prescription is not required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Chapter 9).

(3) "Retailer" means a person that, in the regular course of business, sells over-the-counter weight loss drugs or dietary supplements to individuals, including a pharmacy or grocery store.

Sec. 446.002. DIETARY SUPPLEMENT LABELED, MARKETED, OR OTHERWISE REPRESENTED FOR WEIGHT LOSS OR MUSCLE BUILDING. For the purposes of this chapter, a dietary supplement may be considered labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, if:

(1) the supplement:

(A) contains:

(i) an ingredient approved by the United States Food and Drug Administration for weight loss or muscle building;

(ii) a steroid; or

(iii) creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean extract; or

(B) is labeled or marketed using statements or images that express or imply the supplement will help:

(i) modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized; or

(ii) maintain or increase muscle or strength;

(2) the supplement or the supplement's ingredients are otherwise represented for the purpose of achieving weight loss or muscle building; or

(3) the retailer or person described by Section 446.005(b) selling the drug or supplement categorizes the drug or supplement for weight loss or muscle building by:

(A) placing signs or otherwise categorizing or labeling the drug or supplement with statements or images described by Subdivision (1)(B);

(B) grouping the drug or supplement with other weight loss or muscle building products in a display, advertisement, Internet webpage, or area of a store; or

(C) otherwise representing the drug or supplement for weight loss or muscle building.

Sec. 446.003. PROHIBITED SALE OR PROVISION OF DRUG OR SUPPLEMENT TO MINORS. A person may not sell, offer to sell, or give away, as either a retail or wholesale promotion, an over-the-counter weight loss drug or dietary supplement to an individual younger than 18 years of age.

Sec. 446.004. RETAILER RESPONSIBILITIES. (a) A retailer that sells an over-the-counter weight loss drug or dietary supplement shall:

(1) ensure the drug or supplement is only accessible to the retailer's employees and not directly accessible to customers; and

(2) limit access to the drug or supplement to prevent unauthorized access by customers, including by placing the drug or supplement behind the retail counter or in a locked case.

(b) A retailer shall request identification from an individual who attempts to purchase an over-the-counter weight loss drug or dietary supplement if the retailer cannot reasonably determine the individual is 18 years of age or older.

Sec. 446.005. RESPONSIBILITIES FOR CERTAIN SALES INVOLVING REMOTE ORDERING OR DELIVERY. (a) This section applies only to the sale of an over-the-counter weight loss drug or dietary supplement to an individual if:

(1) the individual orders the drug or supplement by telephone, by mail or other delivery service, through the Internet or another online service, or by another method by which the seller is not in the physical presence of the individual when the order is placed; or

(2) the drug or supplement is delivered to the individual by common carrier, private delivery service, another remote delivery method, or any other method by which the seller is not in the physical presence of the individual at the time the individual obtains possession of the drug or supplement.

(b) A person, including an online retailer, that sells an over-the-counter weight loss drug or dietary supplement to which this section applies and that mails or ships the drug or supplement to individuals:

(1) may not sell, deliver, or cause to be delivered the drug or supplement to an individual younger than 18 years of age;

(2) must use a method of mailing or shipping that requires:

(A) an individual placing the order to sign and accept the delivery at the delivery address; and

(B) the individual who signs and accepts the delivery to provide proof the individual is 18 years of age or older in the form of a government-issued driver's license or personal identification certificate bearing a photograph of the individual; and

(3) may not accept an order for pickup or delivery from an individual without:

(A) obtaining the full name, birth date, and residential address of the individual; and

(B) ensuring the individual is 18 years of age or older by verifying the information provided in Paragraph (A) through the use of a commercially available database or aggregate of databases, consisting primarily of data from government sources, that the government and businesses regularly use to verify and authenticate an individual's age and identity.

(c) A person that sells an over-the-counter weight loss drug or dietary supplement to which this section applies may not use a database for age and identity verification under Subsection (b)(3)(B) that the person owns or controls or that is subject to any changes or supplementation by the person.

Sec. 446.006. CIVIL PENALTY; INJUNCTION; AFFIRMATIVE DEFENSE. (a) A person who violates this chapter is liable to this state for a civil penalty of not more than $500 for each violation.

(b) The attorney general may bring an action to:

(1) recover the civil penalty imposed under this section; or

(2) restrain or enjoin the person from violating this chapter.

(c) It is an affirmative defense to liability in a civil action under this chapter if a person demonstrates the individual younger than 18 years of age presented an apparently valid driver's license or personal identification certificate issued by a governmental entity and the license or certificate passed the age verification method.

(d) The attorney general may recover reasonable attorney's fees and other reasonable expenses incurred in investigating and bringing an action under this section.

(e) The attorney general shall deposit a civil penalty collected under this section in the state treasury to the credit of the general revenue fund.

Sec. 446.007. RULES. The executive commissioner shall adopt rules as necessary to implement this chapter.

SECTION 2. Notwithstanding Chapter 446, Health and Safety Code, as added by this Act, a person is not required to comply with that chapter until December 1, 2025.

SECTION 3. This Act takes effect September 1, 2025.