Senate Bill 5622 — Sale of Diet Pills and Dietary Supplements to Individuals Under 18 (Washington, 2025)

Summary

Senate Bill 5622, State of Washington, 69th Legislature, 2025 Regular Session, by Senators Lovick, Dhingra, and Liias, referred to the Committee on Business, Financial Services & Trade. The bill is an act relating to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building to individuals under 18 years of age. Section 2 provides that no person may sell, offer to sell, or give away these products to any person under 18 years of age. Under Section 4, a penalty of not more than $500 per violation may be imposed, with a $1,000 maximum for violations of section 2(3)(d)(ii).

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Full text

     S-0771.1

                               SENATE BILL 5622


     State of Washington       69th Legislature        2025 Regular Session

     By Senators Lovick, Dhingra, and Liias

     Read first time 01/31/25.      Referred   to   Committee   on   Business,
     Financial Services & Trade.




1        AN ACT Relating to establishing restrictions on the sale of over-
2    the-counter diet pills and dietary supplements for weight loss or
3    muscle building to individuals under 18 years of age; adding a new
4    chapter to Title 69 RCW; and prescribing penalties.


 5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 6       NEW SECTION.   Sec. 1.    The definitions in this section apply
 7   throughout   this  chapter  unless   the  context   clearly  requires
 8   otherwise.
 9       (1) "Delivery sale" means any sale of over-the-counter diet pills
10   or dietary supplements for weight loss or muscle building to a
11   consumer if:
12       (a) The consumer submits the order for the sale by means of a
13   telephone or other method of voice transmission, mail, or the
14   internet or other online service, or the seller is otherwise not in
15   the physical presence of the buyer when the request for purchase or
16   order is made; or
17       (b) The over-the-counter diet pills or dietary supplements for
18   weight loss or muscle building are delivered to the buyer by common
19   carrier, private delivery service, or other method of remote
20   delivery, or the seller is not in the physical presence of the buyer


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 1   when the buyer obtains possession of the over-the-counter diet pills
 2   or dietary supplements for weight loss or muscle building.
 3       (2) "Delivery seller" means a vendor, including online retailers,
 4   who makes delivery sales of over-the-counter diet pills or dietary
 5   supplements for weight loss or muscle building. "Delivery seller"
 6   includes persons who accept orders placed by mail, telephone, email,
 7   a website, online catalog, or software application.
 8       (3) "Dietary supplement" has the same meaning as in RCW
 9   82.08.0293.
10       (4) "Dietary supplements for weight loss or muscle building"
11   means a dietary supplement that is labeled, marketed, or otherwise
12   represented for the purpose of achieving weight loss or muscle
13   building. "Dietary supplements for weight loss or muscle building"
14   does not include protein powders, protein drinks, or foods marketed
15   as containing protein unless the protein powder, protein drink, or
16   food marketed as containing protein contains an ingredient other than
17   protein   which  would,   considered  alone,   constitute  a  dietary
18   supplement for weight loss or muscle building.
19       (5) "Over-the-counter diet pills" means a class of drugs labeled,
20   marketed, or otherwise represented for the purpose of achieving
21   weight loss that can be obtained without a prescription and is not
22   restricted to use by prescribing practitioners.
23       (6)   "Person"   means   any    individual,   firm,   corporation,
24   partnership, association, limited liability company, or other entity.
25       (7) "Retail establishment" means any vendor that, in the regular
26   course of business, sells dietary supplements for weight loss or
27   muscle building or over-the-counter diet pills at retail directly to
28   the public, including pharmacies, grocery stores, other retail
29   stores, and vendors that accept orders placed by mail, telephone,
30   email, a website, online catalog, or software application.

31       NEW SECTION. Sec. 2. (1) No person may sell, offer to sell, or
32   give away, as either a retail or wholesale promotion, an over-the-
33   counter diet pill or dietary supplement for weight loss or muscle
34   building within this state to any person under 18 years of age.
35       (2)(a) Retail establishments must require proof of legal age for
36   purchase of over-the-counter diet pills and dietary supplements for
37   weight loss or muscle building.



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 1       (b) For the purposes of this section, proof of legal age includes
 2   any of the following officially issued identification that shows the
 3   purchaser's age and bears the purchaser's signature and photograph:
 4       (i) Driver's license, instruction permit, or identification card
 5   of a state or province of Canada;
 6       (ii) Identicard issued by the Washington state department of
 7   licensing under chapter 46.20 RCW;
 8       (iii) United States military identification;
 9       (iv) Passport;
10       (v) Enrollment card issued by the governing authority of a
11   federally recognized Indian tribe located in Washington; or
12       (vi) Merchant marine identification card issued by the United
13   States coast guard.
14       (c) Identification is not required of any individual who
15   reasonably appears to be at least 25 years of age.       However, the
16   appearance of the purchaser shall not constitute a defense in any
17   proceeding alleging the sale of any over-the-counter diet pills and
18   dietary supplements for weight loss or muscle building to an
19   individual under 18 years of age.
20       (3)(a) Any person operating a retail establishment may perform a
21   transaction scan as a precondition for the purchase of over-the-
22   counter diet pills or dietary supplements for weight loss or muscle
23   building.
24       (b) In any instance where the information deciphered by the
25   transaction scan fails to match the information printed on the
26   driver's license or nondriver identification card, or if the
27   transaction scan indicates that the information is false or
28   fraudulent, the attempted transaction must be denied.
29       (c) In any proceeding arising under this chapter, it is an
30   affirmative defense that the purchaser produced identification listed
31   under subsection (2) of this section, successfully completed that
32   transaction scan, and that over-the-counter diet pills or dietary
33   supplements for weight loss or muscle building were sold, delivered,
34   or   given  to   the   purchaser  in   reasonable   reliance on   the
35   identification and transaction scan. In evaluating the applicability
36   of the affirmative defense, the court must take into consideration
37   any written policy adopted and implemented by the seller to carry out
38   this chapter. Use of a transaction scan may not excuse any person
39   operating a retail establishment from the exercise of reasonable
40   diligence otherwise required by this chapter.
                                     p. 3                          SB 5622
 1       (d)(i) A retail establishment or employee of the establishment
 2   may only use a transaction scan device capable of deciphering any
 3   electronically readable format and may only use the information
 4   recorded and maintained using such devices for the purposes contained
 5   in this chapter.
 6       (ii) No retail establishment or employee of the establishment may
 7   resell or disseminate the information recorded during use of a
 8   transaction scan device to any third person, including any
 9   advertising,   marketing,   or    promotional  activities.   However,
10   transaction information covered by this subsection may be released
11   under a court-ordered subpoena or a statute that specifically
12   authorizes the release of this information.
13       (e) A retail establishment or employee of the establishment may
14   electronically or mechanically record and maintain only the following
15   information from a transaction scan:
16      (i) Name;
17      (ii) Date of birth;
18      (iii) Identification number; and
19      (iv) Expiration date of the identification.


20       NEW SECTION.   Sec. 3.    A delivery seller, including an online
21   retailer, who mails or ships over-the-counter diet pills or dietary
22   supplements for weight loss or muscle building to consumers:
23       (1) May not sell, deliver, or cause to be delivered any over-the-
24   counter diet pills or dietary supplements for weight loss or muscle
25   building to a person under 18 years of age; and
26       (2) Must use a method of mailing or shipping:
27       (a) That requires the purchaser placing the delivery sale order,
28   or an adult who is at least 18 years of age to sign to accept
29   delivery of the shipping container at the delivery address; and
30       (b) That requires the person who signs to accept delivery of the
31   shipping container to provide proof, in the form of a valid,
32   government-issued   identification  bearing   a   photograph  of  the
33   individual, that the person is at least 18 years of age.


34       NEW SECTION. Sec. 4. (1) The office of the attorney general may
35   investigate violations of this chapter and may bring actions to
36   enforce compliance and enjoin further violations. Except for
37   violations of section 2(3)(d)(ii) of this act, when a court
38   determines that a violation of this chapter has occurred, the court
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 1   may impose a penalty of not more than $500 per violation. If a court
 2   determines that a violation of section 2(3)(d)(ii) of this act has
 3   occurred, the court may impose a penalty of not more than $1,000 per
 4   violation.
 5       (2) When determining whether an over-the-counter diet pill or
 6   dietary supplement is labeled, marketed, or otherwise represented for
 7   the purpose of achieving weight loss or muscle building, the court
 8   shall consider, at a minimum, the following factors:
 9       (a) Whether the product contains:
10       (i) An ingredient approved by the federal food and drug
11   administration for weight loss or muscle building;
12       (ii) A steroid; or
13       (iii) Creatine, green tea extract, raspberry ketone, garcinia
14   cambogia, or green coffee bean extract;
15       (b) Whether the product's labeling or marketing bears statements
16   or images that express or imply that the product will help:
17       (i) Modify, maintain, or reduce body weight, fat, appetite,
18   overall   metabolism,  or   the  process   by   which  nutrients are
19   metabolized; or
20       (ii) Maintain or increase muscle or strength;
21       (c) Whether the product or its ingredients are otherwise
22   represented for the purpose of achieving weight loss or building
23   muscle; or
24       (d) Whether the retailer has categorized the dietary supplement
25   for weight loss or muscle building by:
26       (i) Placing signs, categorizing, or tagging the supplement with
27   statements described under (b) of this subsection;
28       (ii) Grouping the supplements with other weight loss or muscle
29   building products in a display, advertisement, web page, or area of
30   the store; or
31       (iii) Otherwise representing that the product is for weight loss
32   or muscle building.


33       NEW SECTION.     Sec. 5.    Sections 1   through   4   of   this   act
34   constitute a new chapter in Title 69 RCW.

                                  --- END ---




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