HB 678-FN - AS INTRODUCED
2025 SESSION
25-0516
11/08
HOUSE BILL 678-FN
AN ACT prohibiting the sale of over-the-counter weight loss and muscle building supplements to minors.
SPONSORS: Rep. Gregg, Hills. 7; Rep. Grossman, Rock. 11; Rep. Levesque, Straf. 4; Rep. Lloyd, Hills. 8; Rep. M. Pearson, Rock. 34; Rep. Weber, Ches. 5
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill prohibits the sale of over-the-counter weight loss and muscle building supplements to individuals under 18 years of age and imposes penalties on retail establishments that sell the supplements to minors.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0516
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT prohibiting the sale of over-the-counter weight loss and muscle building supplements to minors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Sale of Dietary Supplements for Weight Loss or Muscle Building. Amend RSA 359 by inserting after chapter 359-O the following new chapter:
CHAPTER 359-P
SALE OF DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING
359-P:1 Definitions.
I. As used in this section:
(a) "Dietary supplements for weight loss or muscle building" means a class of dietary supplements sold for or used with the intent to achieve weight loss or build muscle, that are lawfully sold, transferred, or furnished over-the-counter with or without a prescription pursuant to 21 U.S.C. section 301 et. 10 seq., or regulations adopted thereunder, and which may include one or more of the following:
(1) Thermogens, which are substances that produce heat in the body and promote more calorie burning.
(2) Lipotropics, which are compounds that help break down fat during body metabolism.
(3) Hormones, including hormone modulators and hormone mimetics.
(4) Appetite suppressants.
(5) Ingredients deemed adulterated under 21 U.S.C. section 342.
(b) “Over-the-counter diet pills” means a class of drugs, sold for or used with the intent to achieve weight loss or build muscle that are lawfully sold, transferred, or furnished over-the-counter with or without a prescription pursuant to 21 U.S.C. section 301 et. 10 seq., or regulations adopted thereunder, and which may include one or more of the following:
(1) Thermogens, which are substances that produce heat in the body and promote more calorie burning.
(2) Lipotropics, which are compounds that help break down fat during body metabolism.
(3) Hormones, including hormone modulators and hormone mimetics.
(4) Appetite suppressants.
(5) Ingredients deemed adulterated under 21 U.S.C. section 342.
(c) "Pharmacy" means a place licensed by the board of pharmacy in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail.
(d) “Retail establishment" means any vendor that in the regular course of business sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail directly to the public including, but not limited to, pharmacies under , grocery stores, mail-order or Internet sale vendors, and other retail stores.
359-P:2 Prohibition of Sale to Minors.
I. No retail establishment shall sell or distribute over-the-counter diet pills or dietary supplements for weight loss or muscle building to any individual under 18 years of age.
II. Any retail establishment that sells over-the-counter diet pills, or dietary supplements for weight loss or muscle building shall request, examine and reasonably rely upon a current and valid photographic identification establishing a person's age as at least 18 years of age prior to selling such person over-the-counter diet pills or dietary supplements for weight loss or muscle building.
III. Retail establishments shall conspicuously post at each purchase counter a notice developed and provided by the department of health and human services clearly communicating that certain over-the-counter diet pills, or dietary supplements for weight loss or muscle building are known to cause gastrointestinal impairment, tachycardia, hypertension, myocardial infarction, stroke, severe liver injury sometimes requiring transplant or leading to death, organ failure, other serious injury, and death.
IV. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice pursuant to chapter 358-A:2, and any right or remedy set forth in therein may be used to enforce the provisions of this chapter.
2 New Paragraph; Board of Pharmacy, Rulemaking. Amend RSA 318:5-a by inserting after paragraph XX the following new paragraph:
XXI. Requirements of chapter 359-P as it relates to pharmacists and pharmacies.
3 Effective Date. This act shall take effect January 1, 2026.
25-0516
Revised 1/4/25
HB 678-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting the sale of over-the-counter weight loss and muscle building supplements to minors.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||||
Revenue | $0 | Indeterminable Increase ($10,000 to $100,000) | Indeterminable Increase ($10,000 to $100,000) | Indeterminable Increase ($10,000 to $100,000) | ||||
Revenue Fund(s) | Office of Professional Licensure and Certification Fund | |||||||
Expenditures* | $0 | General Fund: More than $10,000 to $100,000 or less
OPLC: Indeterminable Increase ($10,000 to $100,000) | General Fund: Less than $10,000
OPLC: Indeterminable Increase ($10,000 to $100,000) | General Fund: Less than $10,000
OPLC: Indeterminable Increase ($10,000 to $100,000) | ||||
Funding Source(s) | General Fund and Office of Professional Licensure and Certification Fund | |||||||
Appropriations* | $0 | $0 | $0 | $0 | ||||
Funding Source(s) | None | |||||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||||
METHODOLOGY:
This bill prohibits the sale of over-the-counter weight loss and muscle building supplements to individuals under 18 years of age; requires pharmacies to post a notice, that is provided by the Department of Health and Human Services, clearly communicating that certain over-the-counter diet pills, or dietary supplements for weight loss or muscle building are known to cause gastrointestinal impairment, tachycardia, hypertension, myocardial infarction, stroke, severe liver injury sometimes requiring transplant or leading to death, organ failure, other serious injury, and death; and imposes penalties on retail establishments that sell the supplements to minors.
The Office of Professional Licensure and Certification (OPLC) anticipates an indeterminable fiscal impact ranging from $10,000 to $100,000 per fiscal year due to uncertainties in the increase of inspections, disciplinary complaints, investigations, prosecutions, and hearings resulting from this bill. However, the OPLC states that they already have staff to handle inspections, hearings, enforcement, prosecution, and rulemaking for the Board of Pharmacy. Additionally, the OPLC may receive offsetting revenue through inspection fees and costs of investigations assessed in settlement agreements and disciplinary actions.
The Department of Health and Human Services (DHHS) anticipates a fiscal impact ranging from $10,000 to $100,000 on state expenditures for fiscal year 2026. This is to cover the development and provision of notices that clearly communicate the health risks associated with certain over-the-counter diet pills or dietary supplements for weight loss or muscle building. The DHHS believes that there won't be a need for a new poster each year, estimating the ongoing cost to be less than $10,000 annually after the first year, 2026. However, these amount is indeterminable due to the lack of a complete list of all retail establishments in the state.
The bill does not provide an appropriation.
AGENCIES CONTACTED:
Department of Health and Human Services and Office of Professional Licensure and Certification