New York's Groundbreaking Law Bans Sale of Weight-Loss Supplements To Minors

New York law weight-loss supplements minors Dietary Supplements sale of weight-loss supplements to minors

By E.Baloyo , Parent Herald Apr 26, 07:50 am

Photo: (Photo : SAEED KHAN /Getty Images)

A recent New York law will prohibit minors from purchasing weight-loss supplements or diet pills designed for muscle building or weight loss.

This legislation aimed at curbing eating disorders, restricts the sale of over-the-counter dietary supplements to individuals under 18, with exceptions made for select protein powders, drinks, and foods.

New York Law on Sale of Weight-Loss Supplements To Minors

New York, a groundbreaking law has made it illegal to sell weight-loss and muscle-building supplements to minors, effective this week.

According to experts, the lax federal oversight of dietary supplements has led to instances where these products contain unapproved substances such as steroids and heavy metals, posing serious risks to children.

Although the U.S. Food and Drug Administration (FDA) oversees the supplement market, it does not conduct pre-sale testing of these products.

Under the new law in New York, businesses can be fined for selling diet pills or supplements targeting minors with claims of muscle-building or fat-burning benefits.

Exceptions are made for protein supplements and shakes unless they contain additional weight-loss or muscle-building components.

While the law does not specifically ban certain products, it empowers judges to consider the presence of ingredients like creatine, green tea extract, and raspberry ketone when enforcing the legislation.

Advocates of the bill refer to studies revealing hidden anabolic steroids and prohibited stimulants in some supplements.

This poses heightened risks to children, whose bodies are still developing, notes Theresa Gentile, a registered nutritionist and spokesperson for the Academy of Nutrition and Dietetics.

Jensen Jose, a regulatory counsel member at the Center for Science in the Public Interest involved in crafting the law, emphasizes that it addresses the gaps in FDA regulation and industry oversight.

State Senator Shelley Mayer, a Democrat who sponsored the law, believes that businesses should find implementation relatively manageable, especially those already categorizing their supplements for weight loss or muscle gain.

Opposition to Dietary Sale to Minors

Nick Kubler, an employee at Natural Body Astoria, a vitamin and supplement store in Queens, mentioned that their company had been proactively monitoring sales even before the recent law took effect.

"We've never really sold anything like that to children anyway, but we are definitely more aware now," Kubler noted.

However, the introduction of this new regulation has sparked resistance within the industry, particularly from retailers who argue that the criteria for what can or cannot be sold to minors lacks clarity.

Lee Wright, the CEO of The Vitamin Shoppe, a nationwide chain, expressed concerns about the ambiguous nature of the law.

He mentioned that their company had invested significant time and effort in adjusting their systems to comply with the regulations, including implementing pop-up notifications for restricted products.

Despite industry pushback, the law faced legal challenges through lawsuits from industry groups disputing its clarity and asserting that FDA regulation should take precedence.

A federal judge in Manhattan recently dismissed one such challenge, affirming the law's clarity and emphasizing its importance in safeguarding youth from potentially harmful supplements.

The implementation of this law poses challenges for online retailers like Amazon in ensuring compliance with shipping regulations to minors in New York. Amazon did not provide a comment on their approach to this issue.

Notably, certain products on The Vitamin Shoppe's online platform now indicate the requirement for ID verification upon delivery for buyers in New York, reflecting efforts to align with the new legal requirements.