HB 0953 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to weight-loss pills; defining the term
12	"weight-loss pill"; prohibiting the sale or other transfer
13	of weight-loss pills to minors; providing a defense;
14	requiring establishments selling such pills at retail to
15	post notice that such sale is unlawful; providing
16	penalties; providing an effective date.
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18	WHEREAS, the Southern Medical Journal in September 2002
19	found that "a strong correlation between dieting and the onset
20	of eating disorders exists. One of the most alarming issues
21	regarding dieting is the report of associated mortality," and
22	WHEREAS, that same report stated that "scientific data
23	support potential adverse physiologic consequences of dieting
24	and weight loss, including loss of electrolytes, mineral & trace
25	metals, histologic changes of the myocardium, as well as the
26	potential adverse effects of free fatty acids on myocardial
27	function," and
28	WHEREAS, in February 1996 the Food and Drug Administration
29	proposed new warning labels for over-the-counter weight-loss
30	pills containing phenylpropanolamine (PPA), one of a number of
31	drugs of concern in weight-loss pills. These labels would
32	include a statement noting that "People between 12 and 18 years
33	of age should not try this product without consulting a doctor.
34	Not for use by children under 12 years of age," NOW, THEREFORE,
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36	Be It Enacted by the Legislature of the State of Florida:
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38	Section 1. Selling, delivering, bartering, furnishing, or
39	giving weight-loss pills to persons under age 18; penalties;
40	defense.--
41	(1) As used in this section, the term "weight-loss pill"
42	means a pill that is available without a prescription, the
43	marketing, advertising, or packaging of which indicates that its
44	primary purpose is for facilitating or causing weight loss. The
45	term includes, but is not limited to, a pill that contains at
46	least one of the following ingredients: ephedra species,
47	ephedrine alkaloid containing dietary supplements, or Sida
48	cordifolia. However, the term does not include a pill containing
49	one or more of such ingredients which is marketed or intended
50	for a primary purpose other than weight loss.
51	(2) It is unlawful to sell, deliver, barter, furnish, or
52	give, directly or indirectly, a weight-loss pill to a person
53	under 18 years of age. However, it is a defense to a charge of
54	violating this subsection if the buyer or recipient of the
55	weight-loss pill displayed to the person alleged to have
56	committed the violation a driver's license or identification
57	card issued by this state or another state, a passport, or a
58	United States armed services identification card that indicated
59	that the buyer or recipient was 18 years of age or older and the
60	appearance of the buyer or recipient was such that a prudent
61	person would reasonably believe that the buyer or recipient was
62	not under 18 years of age.
63	(3) Each establishment at which weight-loss pills are sold
64	at retail shall display in a conspicuous place at each location
65	within the establishment at which purchases may be made a sign
66	with the following statement in red letters at least half an
67	inch high on a white background:
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69	It is a violation of Florida law to sell weight-loss
70	pills to persons under 18 years of age.
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72	(4) A first violation of subsection (2) or subsection (3)
73	is punishable by a fine of $500. A second violation of
74	subsection (2) or subsection (3) is punishable by a fine of
75	$1,000. A third or subsequent violation of subsection (2) or
76	subsection (3) constitutes a misdemeanor of the second degree,
77	punishable as provided in s. 775.082 or s. 775.083, Florida
78	Statutes.
79	Section 2. This act shall take effect July 1, 2003.
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