California weight loss supplements bill dies in legislature

A bill that would have restricted the sale of some weight loss dietary supplements to minors has been shelved in the California State Senate.

The bill, designated as AB 82, has been held in submission by the Senate Committee on Appropriations, meaning it will not advance further in this legislative session.

The bill, which was introduced by Democratic State Assemblywoman Akilah Weber, would have prohibited a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills to any person under 18 years of age without a prescription, by requiring the retail establishment to follow a specified identification check.

Not first attempt at these kinds of restrictions

Another version of the bill made it all the way to Gov. Gavin Newsom’s desk in 2022 where it was vetoed. 

The motivation of these bills and others in states like New York has been the controversial notion that the use of weight loss supplements can exacerbate eating disorders among vulnerable young people.

When he vetoed the 2022 bill, Newsom said the bill “raises an import public health issue related to the safety of diet or weight loss pills that can result in injury.”

But, he said he was vetoing the measure because it would be too expensive to implement.

“Dietary supplements for weight loss are not considered drugs and, therefore, this measure would require CDPH to evaluate every individual weight loss and dietary supplement product for safety, which is beyond the scope of the department's capabilities,” he said.

Similarly, the more recent bill that died in the appropriations committee would have required the state health department to develop a set of criteria to determine which dietary supplements for weight loss and OTC diet pills would have been subject to the bill’s provisions.

One provision of AB 82 that was struck at the amendment stage was a provision that would have required retailers to post warnings about the dangers weight loss supplements pose to young people.

CRN and NPA urge continued vigilance

Steve Mister, president and CEO of the Council for Responsible Nutrition, said such bills end up restricting access for everyone, not just the target group. 

“The fact that AB 82 is not advancing further this legislative session is a win for consumers in California. The Council for Responsible Nutrition (CRN) has raised significant concerns with this bill and will continue to do the same with regard to any other similar legislation that attempts to impose age restrictions on dietary supplements. Such restrictions, also proposed in several other states, are unnecessary given the strong safety profile of these federally regulated products and the lack of scientific data connecting them to eating disorders in young people. Limiting access based on age also harms local retailers and reduces access to these products for everyone,” Mister said.

Dan Fabricant, Ph.D., president and CEO of the Natural Products Association (NPA), maintained the grassroots pressure his organization’s membership was able to bring to bear helped stall the bill’s progress.

“We are thrilled to have secured this major victory for the dietary supplement industry and appreciate all the support we generated on behalf of our membership,” he said.

But the fact that Newsom vetoed the previous bill more on procedural grounds rather than finding its factual basis was skewed means the door is still open for such legislation in the future.

“We cannot rest easy, because this is now the third attempt at this misguided proposal, and we are convinced that it will not be the last,” Fabricant added.

“These proposals don’t support science, health, or protecting consumers. As we have demonstrated repeatedly in public testimony and official correspondence to officials in California and elsewhere, there is not a single data point connecting the use of eating disorders and dietary supplements. If there were, the FDA would be required to remove that product from the market,” he concluded.

The American Herbal Products Association (AHPA) was "gratified" that AB 82 stalled.

"AHPA, UNPA (United Natural Products Alliance) and NPA had expressed joint opposition to this legislation, which shared many problems of design and effect with its predecessor, AB 1341," AHPA Director of Regulatory Affairs Robert Marriott said. "AHPA will continue to work in a coalition of the full dietary supplements community to monitor and respond to inappropriate restrictions on lawful, safe dietary supplements."