HARMFUL SUPPLEMENTS FOR MINORS

Illinois General Assembly - Full Text of HB3027

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HB3027 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3027

Introduced 2/6/2025, by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

New Act

Creates the Ban on Harmful Supplements for Minors Act. Prohibits the
sale of diet pills or dietary supplements for weight loss or muscle
building to any person under 18 years of age, unless that individual has a
prescription. Provides for responsibilities of retail establishments.
Provides for responsibilities of delivery sellers. Provides that the
Attorney General may apply for a special proceeding to issue an injunction
upon notice to the defendant of not less than 5 days, with certain
requirements. Provides that any person who violates any provision of this
Act is liable for a civil penalty of up to $1,000 per violation. Provides
for an affirmative defense based upon compliance with the Act, with
certain requirements. Provides for rulemaking by the Attorney General or
the Department of Public Health to determine additional dietary
supplements or drugs that are subject to the Act. Provides that the
Department of Public Health may adopt other rules as necessary to
implement this Act. Defines terms.
LRB104 05784 BDA 15814 b

A BILL FOR

HB3027
LRB104 05784 BDA 15814 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Ban on
5
Harmful Supplements for Minors Act.

6

Section 5.
Definitions.
In this Act:
7

"Caffeine" or "1, 3, 7-trimethylxanthine" means a
8
naturally-occurring drug that is a member of the
9
methylxanthine class of compounds with stimulant effects.
10

"Delivery sale" means any sale of over-the-counter diet
11
pills or dietary supplements for weight loss or muscle
12
building to a consumer if:
13

(1) the consumer submits the order for the sale by
14

means of a telephone or other method of voice
15

transmission, the U.S. Postal Service or other delivery
16

service, or the Internet or other online service, or the
17

seller is otherwise not in the physical presence of the
18

buyer when the request for purchase or order is made; or
19

(2) the over-the-counter diet pills or dietary
20

supplements for weight loss or muscle building are
21

delivered to the buyer by common carrier, private delivery
22

service, or other method of remote delivery, or the seller
23

is not in the physical presence of the buyer when the buyer

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obtains possession of the over-the-counter diet pills or
2

dietary supplements for weight loss or muscle building.
3

"Delivery seller" means a person, including an online
4
retailer, who makes delivery sales of over-the-counter diet
5
pills or dietary supplements for weight loss or muscle
6
building.
7

"Dietary supplement" means:
8

(1) a product, other than tobacco, intended to
9

supplement the diet that bears or contains one or more of
10

the following dietary ingredients:
11

(A) a vitamin;
12

(B) a mineral;
13

(C) an herb or other botanical;
14

(D) an amino acid;
15

(E) a dietary substance for use by a person to
16

supplement the person's diet by increasing the total
17

dietary intake; or
18

(F) a concentrate, metabolite, constituent,
19

extract, or combination of any ingredient described in
20

paragraph (A), (B), (C), (D), or (E).
21

(2) a product:
22

(A) that is ingested orally;
23

(B) is not represented for use as a conventional
24

food, or as a sole item of meal or the diet; or
25

(C) is labeled as a dietary supplement.
26

"Dietary supplement for weight loss or muscle building"

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means a dietary supplement that is labeled, marketed, or
2
otherwise represented for the purpose of achieving weight loss
3
or building muscle. "Dietary supplement for weight loss or
4
muscle building" does not include items marketed as containing
5
essential nutrients, probiotics, or caffeine, unless the
6
recommended serving of caffeine includes more than 400 mg per
7
day and unless the product marketed contains ingredients other
8
than essential nutrients, probiotics, or caffeine, which alone
9
would be considered a dietary supplement for weight loss or
10
muscle building.
11

"Dietary supplement that is labeled, marketed, or
12
otherwise represented for the purpose of achieving weight loss
13
or building muscle" or "drug that is labeled, marketed, or
14
otherwise represented for the purpose of achieving weight
15
loss" means either:
16

(1) the product contains:
17

(A) an ingredient or product approved by the U.S.
18

Food and Drug Administration for weight loss or muscle
19

building;
20

(B) a steroid; or
21

(C) an ingredient included in the National
22

Institutes of Health's Dietary Supplements for Weight
23

Loss fact sheet or Dietary Supplements for Exercise
24

and Athletic Performance fact sheet, except for any
25

essential nutrients, probiotics, or caffeine under 400
26

mg;

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(2) the product's labeling or marketing bears
2

statements or images that express or imply that the
3

product will help:
4

(A) modify, maintain, or reduce body weight, fat,
5

appetite, overall metabolism, or the process by which
6

nutrients are metabolized; and
7

(B) maintain or increase muscle or strength;
8

(3) the product or its ingredients are otherwise
9

represented for the purpose of achieving weight loss or
10

building muscle;
11

(4) the retailer has categorized the dietary
12

supplement for weight loss or muscle building by:
13

(A) placing signs, categorizing, or tagging the
14

supplement with statements described paragraph (2) of
15

this definition; or
16

(B) otherwise representing that the product is for
17

weight loss or muscle building; or
18

(5) the Attorney General or the Department of Public
19

Health has, by rule, denoted the dietary supplement or
20

drug as a dietary supplement that is labeled, marketed, or
21

otherwise represented for the purpose of achieving weight
22

loss or building muscle or a drug that is labeled,
23

marketed, or otherwise represented for the purpose of
24

achieving weight loss.
25

"Drug" means:
26

(1) articles recognized in the official United States

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Pharmacopoeia-National Formulary, official Homeopathic
2

Pharmacopoeia of the United States, or any supplement to
3

any of them;
4

(2) articles intended for use in the diagnosis, cure,
5

mitigation, treatment, or prevention of disease in man or
6

other animals;
7

(3) articles (other than food) intended to affect the
8

structure or any function of the body of man or other
9

animals; and
10

(4) articles intended for use as a component of any
11

article specified in paragraph (1), (2), or (3).
12

"Essential nutrient" means any nutrient that the human
13
body needs and that must be taken from outside the body.
14
"Essential nutrient" includes any nutrient, whether an
15
element, vitamin, or macronutrient, that is included in the
16
National Institutes of Health and the Food and Nutrition Board
17
of the National Academies of Sciences, Engineering, and
18
Medicine Daily Reference Intakes (DRI).
19

"Over-the-counter diet pill" means a drug that is labeled,
20
marketed, or otherwise represented for the purpose of
21
achieving weight loss for which a prescription is not required
22
under the U.S. Food, Drug and Cosmetic Act.
23

"Probiotics" means live microorganisms that are ingested
24
with the intent to beneficially affect the host and provide
25
health benefits, such as through improving intestinal
26
microbial balance.

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"Proof of legal age" means:
2

(1) a valid driver's license or non-driver's
3

identification card which indicates that the individual is
4

at least 18 years of age and that is issued by this State;
5

the federal government; any United States territory,
6

commonwealth, or possession; the District of Columbia; a
7

state government within the United States; or a provincial
8

government of Canada;
9

(2) a valid passport issued by the United States or
10

any other country recognized by the United States,
11

indicating that the individual is at least 18 years of
12

age; or
13

(3) an identification card issued by the armed forces
14

of the United States, indicating that the individual is at
15

least 18 years of age.
16

"Retail establishment" means any vendor that, in the
17
regular course of business, sells dietary supplements for
18
weight loss or muscle building or over-the-counter diet pills
19
at retail directly to the public, including, but not limited
20
to, pharmacies, grocery stores, other retail stores, and
21
vendors that accept orders placed by mail, telephone,
22
electronic mail, Internet website, online catalog, or software
23
application.

24

Section 10.
Prohibited sale to minors.
No person shall
25
sell, offer to sell, or give away, as either a retail or

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wholesale promotion, an over-the-counter diet pill or dietary
2
supplement for weight loss or muscle building to any person
3
under 18 years of age, unless that individual has a
4
prescription for that item. Retail establishments shall
5
require proof of legal age for purchase of such products.

6

Section 15.
Responsibilities of retail establishments.
7

(a) A retail establishment shall request valid
8
identification and proof of legal age from any person who
9
attempts to purchase a dietary supplement for weight loss or
10
muscle building or an over-the-counter diet pill if the retail
11
establishment cannot reasonably determine that the person
12
appears to be at least 18 years of age or has a prescription.
13

(b) Any person operating a retail establishment may
14
perform a transaction scan as a precondition for the purchase
15
of over-the-counter diet pills or dietary supplements for
16
weight loss or muscle building if the information deciphered
17
by the transaction scan fails to match the information printed
18
on the driver's license or non-driver identification card. If
19
the transaction scan indicates that the information in the
20
proof of legal age is false or fraudulent, the attempted
21
transaction shall be denied. The operator may confiscate the
22
false proof of legal age and submit it to local law
23
enforcement.
24

(c) A retail establishment or the employees of a retail
25
establishment shall only use a device capable of deciphering

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any electronically readable format, and shall only use the
2
information recorded and maintained through the use of such
3
devices, for the purposes contained in this Act. No retail
4
establishment or employee of such establishment shall resell
5
or disseminate the information recorded during a scan to any
6
third persons. Such prohibited resale or dissemination
7
includes, but is not limited to, any advertising, marketing or
8
promotional activities. Notwithstanding the restrictions
9
imposed by this Section, such records may be released under a
10
court ordered subpoena or under any other statute that
11
specifically authorizes the release of the information.
12

(d) A retail establishment or the employees of a retail
13
establishment may electronically or mechanically record and
14
maintain only the information from a transaction scan
15
necessary to effectuate this Act. Such information shall be
16
limited to the following: (i) name, (ii) date of birth, (iii)
17
driver's license or non-driver identification number, and (iv)
18
expiration date of the driver's license or identification
19
card.

20

Section 20.
Responsibilities of delivery sellers.
21

(a) Notwithstanding subsection (a) of Section 15, an
22
online retailer or other delivery seller who mails or ships
23
over-the-counter diet pills or dietary supplements for weight
24
loss or muscle building to consumers:
25

(1) shall not sell, deliver, or cause to be delivered

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any over-the-counter diet pills or dietary supplements for
2

weight loss or muscle building to a person under 18 years
3

of age, unless the person in question has a prescription;
4

(2) shall use a method of mailing or shipping that
5

requires:
6

(A) the purchaser placing the delivery sale order,
7

or an adult who is at least 18 years of age, to sign to
8

accept delivery of the shipping container at the
9

delivery address; and
10

(B) the person who signs to accept delivery of the
11

shipping container to provide proof of legal age; and
12

(3) shall not accept a delivery sale order from a
13

person without obtaining the full name, birth date, and
14

residential address of that person.
15

(b) No delivery seller or employee of such establishment
16
shall resell or disseminate the information recorded to any
17
third person. Such prohibited resale or dissemination includes
18
but is not limited to any advertising, marketing, or
19
promotional activities. Notwithstanding the restrictions
20
imposed by this subdivision, such records may be released
21
pursuant to subpoena or under any other law that specifically
22
authorizes the release of such information.

23

Section 25.
Remedies.
24

(a) Whenever there shall be a violation of this Act, an
25
application may be made by the Attorney General in the name of

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1
the people of the State of Illinois to a court having
2
jurisdiction by a special proceeding to issue an injunction,
3
and, upon notice to the defendant of not less than 5 days, to
4
enjoin and restrain the continuance of such violation; and, if
5
it shall appear to the satisfaction of the court that the
6
defendant has, in fact, violated this Act, an injunction may
7
be issued by the court, enjoining and restraining any further
8
violations, without requiring proof that any person has, in
9
fact, been injured or damaged thereby.
10

(b) Any person who violates any provision of this Act is
11
liable for a civil penalty of up to $1,000 per violation.
12

(c) It shall be an affirmative defense to any prosecution
13
under this Act that such person has produced a driver's
14
license or non-driver's license identification card apparently
15
issued by a governmental entity, successfully completed that
16
transaction scan, and that over-the-counter diet pills or
17
dietary supplements for weight loss or muscle building were
18
sold, delivered, or given to such person in reasonable
19
reliance upon such identification and transaction scan.
20
Evaluating the applicability of such affirmative defense, the
21
court shall take into consideration any written policy adopted
22
and implemented by the seller to effectuate the provisions of
23
this Act. Use of a transaction scan shall not excuse any person
24
operating a retail establishment from the exercise of
25
reasonable diligence otherwise required by this Act.

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Section 30.
Rulemaking.
The Attorney General or the
2
Department of Public Health may adopt rules identifying any
3
product that is a dietary supplement that is labeled,
4
marketed, or otherwise represented for the purpose of
5
achieving weight loss or building muscle or a drug that is
6
labeled, marketed, or otherwise represented for the purpose of
7
achieving weight loss. The Department of Public Health may
8
adopt other rules as necessary to implement this Act.

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