Rhode Island latest US state contemplating ban on weight supplements to minors

24 Mar 2022 --- Rhode Island is considering legislation that would ban the sale of weight management supplements to under 18s, sparking a wave of opposition from industry.

The move mirrors a similar bill passed in California in January, which also includes the ban of over-the-counter (OTC) diet pills to minors without a prescription.

Daniel Fabricant, president and CEO of the Natural Products Association (NPA), says the approach “defies common sense, as teenagers can buy calcium-fortified orange juice but not vitamin C and calcium supplements.”

Ingredients such as vitamin C and calcium are marketed in weight loss supplements for efficient weight loss or fat burning.

Nonetheless, supporters of the bill, which has also been discussed in the New York legislature, describe the bill as a commonsensical solution to protect minors who are more vulnerable to developing eating disorders. 

Fines and consequences
In a testimony before the Senate Consumer Protection Committee Hearing, NPA’s director of government affairs director, Kyle Turk, outlines the proposed penalties amount to US$2,000. 

“Under Rhode Island law, the fine for selling alcohol to a minor is US$250. So is selling creatine really a more significant safety concern than selling alcohol?” 

The bill also requires stores to keep the products behind the counter or in a locked case, requiring consumers to request them directly from a pharmacist, manager or other supervisory personnel.

The idea behind the bill is to prioritize people over profits, California legislators heard.Nonetheless, Turk argues: “[The bill] fails to consider whether retailers have the physical space to segregate the products. Brick and mortar have been crippled over the last two years, and legislation like this one is just another nail in their coffins.” 

He notes the natural products industry in Rhode Island has an economic impact of nearly US$52 million, providing almost 2,000 jobs and nearly US$10 million in state taxes.

Consequences to teens vs. industry
According to The Strategic Training Initiative for the Prevention of Eating Disorders (Striped), which backs the California bill, weight-loss supplements are three times more likely to cause severe medical injury than vitamins. Youth who use OTC pills are six times more likely to be diagnosed with an eating disorder within three years compared to non-users.

Already, experts have flagged that muscle dysmorphia, an under-studied psychological disorder, is on the rise, particularly among young men and boys. The idea behind the bill is that making weight loss supplements or OTC pills easily available to those under 18 will harm them in the long term, both physically and mentally.

“While we understand the legislation’s intent, the committee must know that supplements are simply natural products found in food and nature. NPA members and other industry stakeholders invest significant human resources and capital to ensure their products are safe,” Fabricant underscores.

“These include good manufacturing processes, random product testing, adhering to appropriate marketing guidelines and following every other rule and regulation that the US Food and Drug Administration and the Federal Trade Commission have made for 25 years.”

Tackling malnutrition?
Fabricant flags the bill may drive teenagers to buy products online. “At a time when millions of young people face malnutrition with serious long-term health consequences, this is the exact opposite of what lawmakers should be doing.” 

“Consumers need more access to vitamins and nutrition because most of them do not eat a balanced and healthy diet,” he underscores.

Industry has previously flagged the issue of malnutrition, highlighting the importance of school feeding programs as a means to to offset the problem.

By Andria Kades

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