news April 8, 2024

New York Law Restricting Weight Loss and Muscle Building Products – Effective April 22, 2024

On April 22, a new New York law will go into effect prohibiting the sale of over-the-counter diet pills and dietary supplements marketed for weight loss or muscle building to consumers under 18 years of age. Each violation is punishable by a civil penalty of up to $500, and injunctions may be issued. Importantly, the law applies to online sales whereby age verification is required upon delivery. Data collection practices related to age verification must also be considered, as failure to comply with the law’s provisions in this area may result in significant money penalties. Although there are two legal challenges filed in court that could enjoin enforcement, given the imminent effective date companies should be prepared to comply with the law by the effective date.

In determining if a product is “labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building,” courts must consider factors such as whether the product contains ingredients including creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract (though this is not a dispositive factor), images and other implied claims, and whether the retailer has categorized the dietary supplement for weight loss or muscle building using signs, tags, or through other means in a display, ad, or website, among other considerations.

If you need help with compliance or would like to discuss the law in more detail, please don’t hesitate to contact Rend Al-Mondhiry.