HB 0953 2003
1	A bill to be entitled
2	An act relating to weight-loss pills; defining the term
3	"weight-loss pill"; prohibiting the sale, gift, or other
4	transfer of weight-loss pills to minors; providing a
5	defense; requiring establishments selling such pills at
6	retail to post notice that such sale is unlawful;
7	providing penalties; providing an effective date.
8
9	WHEREAS, the Southern Medical Journal in September 2002
10	found that "a strong correlation between dieting and the onset
11	of eating disorders exists. One of the most alarming issues
12	regarding dieting is the report of associated mortality," and
13	WHEREAS, that same report stated that "scientific data
14	support potential adverse physiologic consequences of dieting
15	and weight loss, including loss of electrolytes, mineral & trace
16	metals, histologic changes of the myocardium, as well as the
17	potential adverse effects of free fatty acids on myocardial
18	function," and
19	WHEREAS, in February 1996 the Food and Drug Administration
20	proposed new warning labels for over-the-counter diet pills
21	containing phenylpropanolamine (PPA). These labels would include
22	a statement noting that "People between 12 and 18 years of age
23	should not try this product without consulting a doctor. Not for
24	use by children under 12 years of age," NOW, THEREFORE,
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Selling, delivering, bartering, furnishing, or
29	giving weight-loss pills to persons under age 18; penalties;
30	defense.--
31	(1) As used in this section, the term "weight-loss pill"
32	means a pill that is available without a prescription, the
33	marketing, advertising, or packaging of which indicates that its
34	primary purpose is for facilitating or causing weight loss. The
35	term includes, but is not limited to, a pill that contains at
36	least one of the following ingredients: phenylpropanolamine;
37	phentermine; phendimetrazine; benzphetamine; diethylpropion;
38	ephedra; or any similar ingredient. However, the term does not
39	include a pill containing one or more of such ingredients which
40	is marketed or intended for a primary purpose other than weight
41	loss.
42	(2) It is unlawful to sell, deliver, barter, furnish, or
43	give, directly or indirectly, a weight-loss pill to a person
44	under 18 years of age. However, it is a defense to a charge of
45	violating this subsection if the buyer or recipient of the
46	weight-loss pill displayed to the person alleged to have
47	committed the violation a driver's license or identification
48	card issued by this state or another state, a passport, or a
49	United States armed services identification card that indicated
50	that the buyer or recipient was 18 years of age or older and the
51	appearance of the buyer or recipient was such that a prudent
52	person would reasonably believe that the buyer or recipient was
53	not under 18 years of age.
54	(3) Each establishment at which weight-loss pills are sold
55	at retail shall display in a conspicuous place at each location
56	within the establishment at which purchases may be made a sign
57	with the following statement in red letters at least half an
58	inch high on a white background:
59
60	It is a violation of Florida law to sell weight-loss
61	pills to persons under 18 years of age.
62
63	(4) A violation of subsection (2) or subsection (3)
64	constitutes a misdemeanor of the second degree, punishable as
65	provided in section 775.082 or section 775.083, Florida
66	Statutes.
67	Section 2. This act shall take effect July 1, 2003.