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 legislation, referred to as the "Weight Loss Products and Minors Act," prohibits retailers from selling, offering to sell, or giving these products to individuals under 18 years of age. Retailers are required to verify the age of consumers through identification checks for physical sales and through a commercially available database for virtual sales. Additionally, the bill mandates that dietary supplements and diet pills must not be stored behind counters or in locked cases, ensuring they are accessible to customers only with the assistance of store employees.
The Michigan Department of Licensing and Regulatory Affairs (LARA) is tasked with developing and maintaining a list of dietary supplements and diet pills sold in the state, which will be updated annually in consultation with the Michigan Board of Pharmacy. This list will help retailers comply with the new regulations. The department may refer to the National Institutes of Health's dietary supplement label database to determine the inclusion of products on this list.
The bill also outlines enforcement mechanisms, allowing the Attorney General to bring civil actions against violators, which may result in fines up to $1,000, injunctive relief, or other court-deemed appropriate measures. The legislation does not specify any direct funding allocations or financial figures but implies the need for administrative resources to develop and maintain the product list and enforce compliance. The act introduces modifications to the existing public health code, specifically referencing section 17721 of the 1978 PA 368, MCL 333.17721, and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
The primary stakeholders affected by this legislation include retailers, minors, and regulatory bodies. Retailers will need to implement new verification processes and potentially face penalties for non-compliance, while minors will be restricted from purchasing certain weight loss products. The regulatory bodies will have increased responsibilities in rule-making and enforcement. The bill does not specify an effective date, but the annual update requirement suggests ongoing regulatory adjustments.
Co-sponsored by Reps.
Referred to the Committee on Families, Children and Seniors