Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. A violation of those provisions is a crime. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age.
This bill would prohibit a person from selling, offering to sell, or giving away as either a retail or wholesale promotion, and a delivery seller from selling, delivering, or causing to be delivered, an over-the-counter diet pill or dietary supplement for weight loss or muscle building, as defined, to any person in this state under 18 years of age, except as specified, by requiring a specified identification check. The bill would make a person who violates these provisions liable for a civil penalty of no more than $1,000 for each violation, as specified, and would authorize the Attorney General, a county counsel, or a city attorney to apply to a court for, and would authorize that court to have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction enjoining or restraining any person or entity from violating any of the prohibitions. The bill would make a prevailing plaintiff in an action under these provisions entitled to an award of reasonable attorney's fees and costs. Under the bill, the above-described criminal penalty would not apply to a violation of these provisions.