RELATING TO HEALTH.

SB2106

THE SENATE

S.B. NO.

2106

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO HEALTH
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
Chapter 328,
Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately
designated and to read as follows:

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"
�328-
�
Nonprescription diet pills; dietary
supplements; weight loss; muscle building; minors; prohibition.
�
(a)
�

No person shall sell, offer to sell, or give away, as either a retail or
wholesale promotion, a nonprescription diet pill or a dietary supplement for
weight loss or muscle building to any person under eighteen years of age.

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(b)
�

Any retail establishment that sells nonprescription diet pills or
dietary supplements for weight loss or muscle building shall:

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(1)
�
Limit
access to these products in a manner that ensures only employees of the retail
establishment have direct access to the products; and

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(2)
�
Request
a valid form of government-issued, photographic identification from any person
who attempts to purchase these products if the retail establishment cannot
reasonably determine that the person is at least eighteen years of age.

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(c)
�

No delivery seller shall sell, deliver, or cause to be delivered any
nonprescription diet pill or dietary supplement for weight loss or muscle
building to any person under eighteen years of age.
�
Any delivery seller that sells
nonprescription diet pills or dietary supplements for weight loss or muscle building
shall use a method of mailing or shipping these products that requires:

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(1)
�
The
purchaser placing the order or an adult who is at least eighteen years of age
to sign for acceptance of delivery of the shipping container at the delivery
address; and

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(2)
�
The
person who signs to accept delivery of the shipping container at the delivery
address to provide a valid form of government-issued, photographic
identification to verify the person is at least eighteen years of age.

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(d)
�

When determining whether a nonprescription diet pill or dietary
supplement for weight loss or muscle building is labeled, marketed, or
otherwise represented for the purpose of achieving weight loss or muscle building,
the following factors shall be considered, at a minimum:

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(1)
�
Whether
the product contains:

���������
(A)
�
An ingredient approved by the United States Food and Drug
Administration for weight loss or muscle building;

���������
(B)
�
A steroid; or

���������
(C)
�
Creatine, green tea extract, raspberry ketone, garcinia
cambogia, or green coffee bean extract;

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(2)
�
Whether
the product's labeling or marketing bears statements or images that express or
imply that the product will help:

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

���������
(B)
�
Maintain or increase muscle or strength;

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(3)
�
Whether
the product or its ingredients are otherwise represented for the purpose of
achieving weight loss or building muscle; and

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(4)
�
Whether
the retail establishment or delivery seller has:

���������
(A)
�
Placed signs, or categorized or tagged the product, with
statements described in paragraph (2);

���������
(B)
�
Grouped the product with other weight loss or muscle building
products in a display, advertisement, webpage, or area of the retail
establishment; or

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

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(e)
�

As used in this section:

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"Delivery
sale" means the sale of nonprescription diet pills or dietary supplements
for weight loss or muscle building to a consumer if:

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(1)
�
The consumer submits the order for
the sale by means of a telephone or other method of voice transaction, deposit
in the mails, or the Internet or other online service, or the seller is
otherwise not in the physical presence of the consumer when the request for
purchase or order is made; or

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(2)
�
The nonprescription diet pills or
dietary supplements for weight loss or muscle building are delivered to the
consumer by common carrier, private delivery service, or other method of remote
delivery, or the seller is otherwise not in the physical presence of the
consumer when the consumer obtains possession of the products.

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"Delivery seller" means a
person, including an online retailer, who makes delivery sales of nonprescription
diet pills or dietary supplements for weight loss or muscle building.

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"Dietary supplement for weight loss
or muscle building" means a dietary supplement as defined in title 21
United States Code Section 321(ff) that is labeled, marketed, or otherwise
represented for the purpose of achieving weight loss or building muscle.

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"Nonprescription diet pill"
means a nonprescription drug that is labeled, marketed, or otherwise
represented for the purpose of achieving weight loss.

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"Retail establishment" means a
vendor that sells nonprescription diet pills or dietary supplements for weight
loss or muscle building directly to the public, including but not limited to
pharmacies, grocery stores, other retail stores, and vendors that accept orders
placed by mail, telephone, electronic mail, internet website, online catalog,
or software application.
"

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SECTION
2
.
�
Section 328-6, Hawaii Revised Statutes, is
amended to read as follows:

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"
�328-6
�
Prohibited acts.
�
The following acts and the causing thereof
within the State by any person are prohibited:

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(1)
�
The
manufacture, sale, delivery, holding, or offering for sale of any food, drug,
device, or cosmetic that is adulterated or misbranded;

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(2)
�
The
adulteration or misbranding of any food, drug, device, or cosmetic;

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(3)
�
The
receipt in commerce of any food, drug, device, or cosmetic that is adulterated
or misbranded, and the delivery or proffered delivery thereof for pay or
otherwise;

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(4)
�
The
sale, delivery for sale, holding for sale, or offering for sale of any article
in violation of section 328-11, 328-12, or 328-17;

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(5)
�
The
dissemination of any false advertisement;

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(6)
�
The
refusal to permit entry or inspection, or to permit the taking of a sample, as
authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or
copying of any record as authorized by section 328-23;

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(7)
�
The
giving of a guaranty or undertaking which guaranty or undertaking is false,
except by a person who relied on a guaranty or undertaking to the same effect
signed by, and containing the name and address of the person residing in the
State from whom the person received in good faith the food, drug, device, or
cosmetic;

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(8)
�
The
removal or disposal of a detained or embargoed article in violation of sections
328-25 to 328-27;

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(9)
�
The
alteration, mutilation, destruction, obliteration, or removal of the whole or
any part of the labeling of, or the doing of any other act with respect to a
food, drug, device, or cosmetic, if the act is done while the article is held
for sale and results in the article being adulterated or misbranded;

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(10)
�
Forging,
counterfeiting, simulating, or falsely representing, or without proper
authority using any mark, stamp, tag, label, or other identification device
authorized or required by rules adopted under this part or regulations adopted
under the Federal Act;

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(11)
�
The
use, on the labeling of any drug or in any advertisement relating to the drug,
of any representation or suggestion that an application with respect to the
drug is effective under section 328-17, or that the drug complies with that
section;

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(12)
�
The
use by any person to the person's own advantage, or revealing other than to the
department of health or to the courts when relevant in any judicial proceeding
under this part, any information acquired under authority of section 328-11,
328-12, 328-17, or 328‑23, concerning any method or process which as a
trade secret is entitled to protection;

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(13)
�
In
the case of a prescription drug distributed or offered for sale in this State,
the failure of the manufacturer, packer, or distributor thereof to maintain for
transmittal, or to transmit, to any practitioner who makes written request for
information as to the drug, true and correct copies of all printed matter [
which
]

that
is required to be included in any package in which that drug is
distributed or sold, or [
such
] other printed matter as is approved under
the Federal Act.
�
Nothing in this
paragraph shall be construed to exempt any person from any labeling requirement
imposed by or under other provisions of this part;

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(14)

(A)
�
Placing or causing to be placed upon any drug
or device or container thereof, with intent to defraud, the trade name or other
identifying mark, or imprint of another or any likeness of any of the
foregoing; or

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(B)
�
Selling,
dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or
concealing or keeping in possession, control, or custody, with intent to sell,
dispense, or dispose of, any drug, device, or any container thereof, with
knowledge that the trade name or other identifying mark or imprint of another
or any likeness of any of the foregoing has been placed thereon in a manner
prohibited by subparagraph (A); or

���������
(C)
�
Making,
selling, disposing of, or causing to be made, sold, or disposed of, or keeping
in possession, control, or custody, or concealing, with intent to defraud, any
punch, die, plate, or other thing designed to print, imprint, or reproduce that
trade name or other identifying mark or imprint of another or any likeness of
any of the foregoing upon any drug, device, or container thereof;

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(15)
�
Except
as provided in part VI and section 461-1, dispensing or causing to be dispensed
a different drug or brand of drug in place of the drug or brand of drug ordered
or prescribed without express permission in each case of the person ordering or
prescribing;

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(16)
�
The
distribution in commerce of a consumer commodity as defined in this part, if [
such
]

the
commodity is contained in a package, or if there is affixed to that
commodity a label, which does not conform to this part and of rules adopted
under authority of this part; provided that this prohibition shall not apply to
persons engaged in business as wholesale or retail distributors of consumer
commodities except to the extent that [
such
]
the
persons:

���������
(A)
�
Are
engaged in the packaging or labeling of [
such
]
the
commodities;
or

���������
(B)
�
Prescribe
or specify by any means the manner in which [
such
]
the
commodities
are packaged or labeled;

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(17)
�
The
selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons,
or similar public eating establishments of imitation milk and imitation milk
products in place of fresh milk and fresh milk products respectively; of liquid
or dry products which simulate cream but do not comply with content
requirements for cream in place of cream; of non-dairy frozen desserts [
which
]

that
do not comply with content requirements for dairy frozen desserts
in place of dairy frozen desserts; and of any other imitation food or one made
in semblance of a genuine food in place of such genuine food, unless the
consumer is notified by either proper labeling or conspicuous posted signs or
conspicuous notices on menu cards and advertisements informing of [
such
]

the
substitution, to include but not limited to the substitution of
imitation milk in milk shake and malted milk drinks;

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(18)
�
Wilfully
and falsely representing or using any devices, substances, methods, or
treatment as effective in the diagnosis, cure, mitigation, treatment, or
alleviation of cancer.
�
This paragraph
shall not apply to any person who depends exclusively upon prayer for healing
in accordance with teachings of a bona fide religious sect, denomination, or
organization, nor to a person who practices such teachings;

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(19)
�
The
selling or offering for sale at any food facility [
which
]
that

serves or sells over the counter directly to the consumer an unlabeled or
unpackaged food that is a confectionery [
which
]
that
contains
alcohol in excess of [
one-half of one
]
0.5
per cent by weight
unless the consumer is notified of that fact by either proper labeling or
conspicuous posted signs or conspicuous notices on menu cards and
advertisements;

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(20)
�
The
sale to a person [
below the age of
]
under
twenty-one years
of age

of any food [
which
]
that
is a confectionery [
which
]
that

contains alcohol in excess of [
one-half of one
]
0.5
per cent by
weight[
.
]
; and

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(21)
�
The
sale to a person under eighteen years of age of a nonprescription diet pill or
a dietary supplement for weight loss or muscle building pursuant to section
328- .
"

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SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Retail
Establishments; Delivery Sellers; Nonprescription Diet Pills; Dietary
Supplements; Weight Loss; Muscle Building; Sale or Delivery to Minors; Prohibition

Description:

Prohibits
the sale of nonprescription diet pills and dietary supplements for weight loss
or muscle building to any person under eighteen years of age.
�
Requires retail establishments and delivery
sellers to follow certain protocols regarding certain products to prevent
access by minors to the restricted products.

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not legislation or evidence of legislative intent.