RELATING TO HEALTH.

SB2284

THE SENATE

S.B. NO.

2284

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.
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The Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:

"
Chapter

SALES
OF CERTAIN Diet and MUSCLE-BUILDING PRODUCTS TO MINORS

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-1
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Definitions.
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For purposes of this chapter, unless the
context requires otherwise:

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

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(1)
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The
consumer submits the order for the sale by means of a telephone or other method
of voice transmission, mail, or the internet or other online service, or the
seller is otherwise not in the physical presence of the buyer when the request
for purchase or order is made; or

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

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"Delivery seller" means a vendor,
including any online retailer, that makes delivery sales of over-the-counter
diet pills or dietary supplements for weight loss or muscle building.

"Delivery
seller" includes any person that accepts orders placed by mail, telephone,
electronic mail, internet website, online catalog, or software application.

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"Dietary supplement" shall have
the same meaning as in title 21 United States Code section 321.

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"Dietary supplement for weight loss or
muscle building" means a class of dietary supplement that is labeled,
marketed, or otherwise represented for the purpose of achieving weight loss or
muscle building.

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"Over-the-counter diet pill"
means a class of drugs that are labeled, marketed, or otherwise represented for
the purpose of achieving weight loss and sold, transferred, or furnished over the
counter, with or without a prescription, pursuant to the Federal Food, Drug,
and Cosmetic Act, title 21 United States Code chapter 9, or regulations adopted
pursuant to that Act.

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"Retail establishment" means any
vendor that, in the regular course of business, sells dietary supplements for
weight loss or muscle building or over-the-counter diet pills at retail
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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General
prohibition regarding minors; proof of legal age.
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(a)
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Except as provided by this chapter, no person
shall sell, offer to sell, or give away, as either a retail or wholesale
promotion, any over-the-counter diet pill or dietary supplement for weight loss
or muscle building to any person within the State who is under eighteen years
of age.
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Each retail establishment shall
require proof of legal age for the purchase of the aforementioned products.

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(b)
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For purposes of this chapter, only the
following may be considered as proof of legal age:

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(1)
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A
valid driver's license or non-driver's identification card issued by the examiner
of drivers; the federal government; any United States territory, commonwealth
or possession; the District of Columbia; a state government within the United
States; or a provincial government of the dominion of Canada;

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(2)
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A
valid passport issued by the United States government or any other country;

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(3)
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An
identification card issued by the armed forces of the United States, indicating
that the individual is at least eighteen years of age; or

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(4)
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A
student identification card, provided that the card indicates the date of birth
of the individual.

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Scans;
identification cards; driver's licenses.
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(a)
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Any person operating a retail establishment may
scan the machine-readable zone of an individual's identification card or driver's
license pursuant to section 487J-6 as a precondition for the purchase of
over-the-counter diet pills or dietary supplements for weight loss or muscle
building.

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(b)

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In any instance in which the information
deciphered by the scan fails to match the information printed on the driver's
license or identification card, or any instance in which the transaction scan
indicates that the information is false or fraudulent, the attempted
transaction shall be denied.

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(c)

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In any proceeding pursuant to section
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-5, it shall be an affirmative defense that
the person produced a driver's license or identification card apparently issued
by a governmental entity; that the machine-readable scan appeared to verify the
person's age; and that over-the-counter diet pills or dietary supplements for
weight loss or muscle building were sold, delivered, or given to the person in
reasonable reliance upon the presentation of the identification and completion
of the scan.
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In evaluating the
applicability of this affirmative defense, the court shall take into
consideration any written policy adopted and implemented by the seller to comply
with this chapter.
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The practice of
scanning of machine-readable zones of driver's licenses and identification
cards shall not excuse any person operating a retail establishment from the
exercise of reasonable diligence otherwise required by this chapter.

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Delivery
sellers.
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Notwithstanding section
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retailer, that mails or ships over-the-counter diet pills or dietary
supplements for weight loss or muscle building to consumers:

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(1)
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Shall
not sell, deliver, or cause to be delivered any over-the-counter diet pill or
dietary supplement for weight loss or muscle building to a person under
eighteen years of age; and

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(2)
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Shall
use a method of mailing or shipping that requires:

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(A)
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The
purchaser placing the delivery sale order, or an adult who is at least eighteen
years of age, to sign to accept delivery of the shipping container at the
delivery address; and

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(B)
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The
individual who signs to accept delivery of the shipping container to provide
proof, in the form of a valid, government-issued identification bearing a
photograph of the individual, that the person is at least eighteen years of
age.

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Violations;
special proceedings.
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Whenever there shall be a violation of this chapter,
an application may be made by the attorney general in the name of the State, to
a court having jurisdiction by a special proceeding to issue an injunction, and
upon notice to the defendant of not less than five days, to enjoin and restrain
the continuance of the violation; and if it shall appear to the satisfaction of
the court that the defendant has, in fact, violated this chapter, an injunction
may be issued by the court or justice, enjoining and restraining any further
violations, without requiring proof that any person has, in fact, been injured
or damaged thereby.
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Whenever a court
shall determine that a violation of this chapter has occurred, the court may
impose a civil penalty of no more than $500.

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Courts; factors to consider.
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When determining whether an over-the-counter
diet pill or dietary supplement is labeled, marketed, or otherwise represented
for the purpose of achieving weight loss or muscle building, the court shall
consider factors including whether:

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(1)
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The
product contains:

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

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(B)
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A
steroid; or

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

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

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

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(B)
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Maintain
or increase muscle or strength;

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

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(4)
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The
retailer has categorized the product as being for weight loss or muscle
building by:

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(A)
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Placing
signs, categorizing, or tagging the supplement with statements described in
paragraph (2):

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(B)
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Grouping
the product with other weight loss or muscle building products in a display, advertisement,
webpage, or area of the store; or

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

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Exceptions; vitamins; protein.
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This chapter shall not apply to the sale of:

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(1)
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Vitamins;

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(2)
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Protein
powder or protein drinks; or

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(3)
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Food;
marketed as containing vitamins or protein;

unless the
product also contains an ingredient other than a vitamin or protein that would,
considered alone, constitute a dietary supplement for weight loss or muscle
building."

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SECTION 2.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Health;
Diet Pills; Muscle Building; Dietary Supplements; Minors

Description:

Generally
prohibits the sale of over-the-counter diet pills and dietary supplements for
weight loss or muscle building to minors.
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Provides certain exceptions for vitamins and protein products.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.