hb943_00

As Introduced

136th General Assembly

Regular Session H. B. No. 943

2025-2026

To amend section 3715.99 and to enact sections 3715.811, 3715.812, and 3715.813 of the Revised Code to prohibit the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building to minors.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3715.99 be amended and sections 3715.811, 3715.812, and 3715.813 of the Revised Code be enacted to read as follows:

Sec. 3715.811. (A) As used in sections 3715.811 to 3715.813 of the Revised Code:

(1) "Delivery sale" means any sale to a buyer if either of the following apply:

(a) The buyer submits the order for the sale via telephone or other method of voice transmission, mail, electronic mail, internet web site, online catalog, software application, or other internet service, or the seller is otherwise not in the physical presence of the buyer when the order is made.

(b) The sale is delivered to the buyer by the United States postal service, common carrier, private delivery service, or other method of remote delivery, or the seller is otherwise not in the physical presence of the buyer when the buyer obtains possession of the sale.

(2) "Dietary supplement for weight loss or muscle building" means a dietary supplement as defined in 21 U.S.C. 321 that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle.

(3) "Identification card" means a document issued by the United States government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a military identification card, or any other form of identification that bears the name, date of birth, description, and picture of the person identified.

(4) "Over-the-counter diet pill" means a drug as defined in 21 U.S.C. 321 that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss for which a prescription is not required under the federal "Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq.

(5) "Retailer" means a place of business that offers consumer products for sale to the general public, including pharmacies, grocery stores, other retail stores, and places of business that accept orders placed by telephone, mail, electronic mail, internet web site, online catalog, or software application.

(B) No person shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide an over-the-counter diet pill or dietary supplement for weight loss or muscle building to an individual who is under eighteen years of age.

Sec. 3715.812. (A) A retailer shall require any individual who attempts to purchase an over-the-counter diet pill or dietary supplement for weight loss to present an identification card, unless from the individual's outward appearance the employee making the sale reasonably presumes the individual to be twenty-five years of age or older.

(B)(1) A retailer who makes delivery sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building shall do all of the following:

(a) Obtain the full name, birth date, and residential address of the individual placing the delivery sale order and verify this information using a commercially available database or aggregate of databases, consisting primarily of data from government sources regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure that the individual is at least eighteen years of age;

(b) Use a method of shipping that requires both of the following:

(i) A signature to accept the delivery at the delivery address from either the individual who placed the delivery sale order or another individual who is over eighteen years of age;

(ii) The presentation of an identification card bearing a photograph of the individual signing for the delivery to verify that the individual is over eighteen years of age.

(2) No database used for age and identity verification under division (B)(1)(a) of this section shall be in the possession or under the control of the retailer making the delivery sale, or be subject to any changes or supplementation by the retailer making the delivery sale.

Sec. 3715.813. When determining if a supplement is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, the director of agriculture shall consider the following:

(A) Whether the product contains any of the following:

(1) An ingredient approved by the United States food and drug administration for weight loss or muscle building;

(2) A steroid;

(3) Creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean extract.

(B) Whether the product's labeling or marketing bears statements or images that express or imply that the product will do either of the following:

(1) Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized;

(2) Maintain or increase muscle strength.

(C) Whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle;

(D) Whether the seller has done any of the following:

(1) Placed signs, categorized, or tagged the product with statements described in division (B) of this section;

(2) Grouped the product with other weight-loss or muscle-building products in a display, advertisement, web site, or area of the store;

(3) Otherwise represented that the product is for weight loss or muscle building.

Sec. 3715.99. (A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) Whoever violates section 3715.52 or 3715.65 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.

(E) Whoever violates section 3715.521 of the Revised Code is guilty of a minor misdemeanor. A violation of that section occurs on a daily basis, not according to the number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.

(F) Whoever violates section 3715.811 or 3715.812 of the Revised Code is guilty of unlawful sale of an over-the-counter diet pill or dietary supplement for weight loss or muscle building, punishable by a fine of up to one thousand dollars.

Section 2. That existing section 3715.99 of the Revised Code is hereby repealed.