On January 8, 2025, a bill prohibiting the sale of certain dietary supplements for weight loss and muscle building and other products to minors was formally introduced to the Virginia House of Delegates (House Bill No. 1585 (HB 1585)). If passed, the law would prohibit the sale or distribution of such products to consumers under 18 years of age. In November, a similar bill was proposed in Texas (HB 1474).
Unlike New York's law, which went into effect in April 2024, the Virginia and Texas bills impose additional responsibilities on brick-and-mortar retailers, requiring them to ensure these products are kept out of customers' reach, for example, by placing them behind a counter.
While trade associations such as Counsel for Responsible Nutrition have initiated litigation to challenge such laws, states seem to have a strong interest in age-restricted access to these dietary supplements and diet pills. In addition to Virginia and Texas, a bill has been pre-filed in New Hampshire. Now may be the time to consider strategic lobbying efforts.
At the same time, as more states propose and perhaps pass legislation imposing age restrictions on the purchase of these types of products, it is important for retailers, manufacturers, and marketers to begin evaluating their products and strategies on how to comply with the new regulations. The same ingredients are being flagged—steroids, creatine, raspberry ketone, Garcinia cambogia, green tea extract, and green coffee bean extract. How much of these ingredients are in your products?
Venable's FDA and legislative teams are closely monitoring these bills and litigation and will report any critical developments. In the interim, if you have any questions about HB 1585 or HB 1474, please contact the authors of this article.