California Weight Management Supplements Bill Still In Effect After Slight Changes


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The law project, AB-1341was introduced by Congresswoman Christina Garcia early last year and recently amended in the State Senate (it had already been amended twice in the State Assembly).

The purpose of the bill is to “would prohibit a retail establishment from selling, transferring or otherwise providing over-the-counter (OTC) weight loss supplements or diet pills, as defined, to anyone under the age of 18 years without a prescription, requiring the retail establishment to submit to a specified identity check.

“The bill, to the extent that it does not conflict with federal law, would require the Department to develop an advisory that certain over-the-counter weight loss supplements or diet pills may contribute to specific health conditions or death. The bill would require a retail establishment that sells these products to display this notice.

If passed, the bill will come into force on July 1, 2023.

Similar ideas across the Union

This is not the first bill of this type. Similar legislationhas been introduced in several states, including Massachusetts, Illinois, and most recently Rhode Island, where a version was recently passed by that state’s Senate. Garcia’s measure is seen as having a good chance of becoming law, and dietary supplement trade associations have opposed the bill.

Daniel Fabrication, PhD, president and CEO of the Natural Products Association, told us this week: “We take this very seriously. This is going to be used for legal action, it’s all plaintiff’s bar stuff.

The common idea behind all of these bills is the alleged link between weight management supplements and eating disorders. The manufacturer stated that no research supports the idea that using weight management supplements causes or exacerbates eating disorders, but the idea seems to come from anecdotal reports instead.

“We have submitted FOIA requests to the FDA regarding this,” says Manufacturer. “Where are the AER indications?”

Garcia, who represents a Los Angeles-area district, ran for California’s new 42nd congressional district but came in behind Long Beach Mayor Robert Garcia (D) in the recent primary.

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