California passes bill banning sale of weight loss supplements, industry calls for veto

26 Aug 2022 --- US legislators in California’s senate have passed bill AB 1341, prohibiting the sale of over-the-counter diet pills and weight-loss supplements to minors. With an overwhelming majority of 56 votes in favor and 11 opposed, the move has sparked both applause and ire, with some industry representatives describing it as a “slap in the face.”

“This legislation is a critical step toward protecting children from poorly regulated, dangerous supplements and diet pills,” says president of the Center for Science in the Public Interest (CSPI), Dr. Peter Lurie.

The bill prohibits a retail establishment from selling, transferring or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills to people under the age of 18 without a prescription.

California governor Gavin Newsom would need to sign the bill for it to effectively become law, effective on July 1, 2023. Violating the provisions would mean a penalty of up to US$1,000 per violation.

The bill aims to protect minors who are more vulnerable to eating disorders. Health controversy
The Natural Products Association (NPA) was quick to slam the move, immediately calling for a veto on the bill. 

“The US Food and Drug Administration (FDA) does not have a single data point that connects eating disorders to supplement use, and 80% of US residents take at least one dietary supplement as a safe, effective, and affordable way to maintain good health and augment inadequate diets,” notes NPA president and CEO Daniel Fabricant. 

“Yet, California lawmakers do not believe Californians are capable of making health choices for themselves. We are urging Governor Newsom to follow the science and data provided by the FDA and veto this draconian piece of legislation.”

Assembly member Cristina Garcia, who introduced the bill along with Aguiar-Curry, highlights “the sad reality is women are two times more likely to use diet pills than men.” 

Weak regulation?
While the CSPI applauds the legislature for passing the bill, Lurie also highlights a long-standing issue surrounding the FDA: its ability to do its job. Companies have slammed the agency for being unable to regulate the supplement industry, while associations have called for Congress to step in after saying the FDA cannot do its job.   

“While these products claim to promote healthy weight loss, the reality is that many are ineffective and often dangerous, especially to children,” says Lurie.

“Because of weak FDA regulation, these products have been repeatedly found to be laced with dangerous chemicals, including banned laxatives and stimulants, which can cause severe harm, even death.”

A slap in the face?
NPA’s statement also takes issue with the fact that “the bill is silent on regulating online sales of dietary supplements in California.” 

Section 1 of the AB 1341, however outlines, “‘Retail establishment’ means any vendor that, in the regular course of business, sells dietary supplements for weight loss or OTC diet pills at retail directly to the public, including, but not limited to, pharmacies, grocery stores, other retail stores and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online catalog or software application.”

Where physical stores are concerned, the bill requires retailers “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.” 

“This is a slap in the face to public health and consumer choice,” says Fabricant. Industry is has been opposed to the move since it was first tabled.

Beyond California
When the bill was passed in the State Assembly, the Council for Responsible Nutrition, the American Herbal Products Association, the National Association of Chain Drug Stores and the NPA all condemned the move. 

“This legislation offers a commonsense solution to protect our children by prohibiting the sale of supplements sold for weight loss to minors, just as we have done with other risky products like tobacco,” Bryn Austin, Striped director and professor specializing in social sciences and pediatrics at Harvard University and Boston Children’s Hospital, told NutritionInsight at the time.

Similar discussions are ongoing in New York, New Jersey, Massachusetts, Missouri and Rhode Island, which the NPA is trying to fight.

By Andria Kades