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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.
Text to be added highlighted in green.
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.