HB1474 - 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.

  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.