AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN (Prohibits the sale of over-the-counter diet pills and muscle-building supplements to minors in Rhode Island and require age verification, restricted access, and civil penalties for violations.)

S2774

2026 -- S 2774
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LC005551
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN

Introduced By:
Senators Valverde, Lauria, DiMario, Kallman, and Vargas

Date Introduced:
March 04, 2026

Referred To:
Senate Commerce
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by
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adding thereto the following section:
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11-9-22. Sale of over-the-counter diet pills and dietary supplements for weight loss or
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muscle building.

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(a) Definitions: For purposes of this section the following terms shall have the following
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meanings:
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(1) "Dietary supplement for weight loss or muscle building" means a dietary supplement
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as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented for the purpose
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of achieving weight loss or building muscle.
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(2) "Over-the-counter diet pill" means a drug as defined in 21 U.S.C. 321(g)(1) labeled,
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marketed, or otherwise represented for the purpose of achieving weight loss for which a
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prescription is not required under the federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-399i.
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(3) "Retail establishment" means any vendor that, in the regular course of business, sells
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dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail
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directly to the public including, but not limited to, pharmacies, grocery stores, other retail stores,
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and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online
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catalog, or software application.
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(4) "Delivery sale" means any sale of over-the-counter diet pills or dietary supplements for
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weight loss or muscle building to a consumer if:

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(i) The consumer submits the order for the sale by means of a telephone or other method
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of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise
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not in the physical presence of the buyer when the request for purchase or order is made; or
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(ii) The over-the-counter diet pills or dietary supplements for weight loss or muscle
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building are delivered to the buyer by common carrier, private delivery service, or other method of
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remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains
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possession of the over-the-counter diet pills or dietary supplements for weight loss or muscle
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building.
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(5) "Delivery seller" means a person, including online retailers, who makes delivery sales
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of over-the-counter diet pills or dietary supplements for weight loss or muscle building.
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(b) Prohibitions: No person shall sell or 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 supplement for weight loss or muscle
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building to any person under eighteen (18) years of age.
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(c) Responsibilities of retail establishments:
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(1) Any retail establishment that sells over-the-counter diet pills or dietary supplements for
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weight loss or muscle building shall limit access to such products in a manner designed to prevent
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unauthorized access to such products. Such products shall not be directly accessible by customers,
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and may be accessed only by employees of the establishment at such location such as behind a
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retail counter or in a locked case.
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(2) For purposes of subsection (c)(1) of this section, and subject to the provisions of
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subsection (d) of this section, a retail establishment shall request valid identification from any
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person who attempts to purchase a dietary supplement for weight loss or over-the-counter diet pill
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if the retail establishment cannot reasonably determine that the person is at least eighteen (18) years
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of age.
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(d) Responsibilities of delivery sellers:
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(1) Notwithstanding the provisions of subsection (c)(2) of this section, a delivery seller,
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including online retailers, who mails or ships over-the-counter diet pills or dietary supplements for
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weight loss or muscle building to consumers:
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(i) Shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or dietary
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supplements for weight loss or muscle building to a person under eighteen (18) years of age.
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(ii) Shall use a method of mailing or shipping that requires:
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(A) The purchaser placing the delivery sale order, or an adult who is at least eighteen (18)
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years of age, to sign to accept delivery of the shipping container at the delivery address; and
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(B) The person who signs to accept delivery of the shipping container to provide proof, in

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the form of valid government-issued identification bearing a photograph of the individual, that the
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person is at least eighteen (18) years of age.
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(iii) Shall not accept a delivery sale order from a person without:
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(A) Obtaining the full name, birth date, and residential address of that person; and
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(B) Verifying the information provided in subclause subsection (d)(1)(iii)(A) of this
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section, through the use of a commercially available database or aggregate of databases, consisting
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primarily of data from government sources, that are regularly used by government and businesses
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for the purpose of age and identity verification and authentication, to ensure that the purchaser is
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at least eighteen (18) years of age.
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(2) Limitation: No database being used for age and identity verification under this section
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shall be in the possession or under the control of the delivery seller, or be subject to any changes
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or supplementation by the delivery seller.
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(e) Remedies:
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(1) Whenever there shall be a violation of this section, an application may be made by the
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attorney general in the name of the people of the State of Rhode Island, to a court or justice having
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jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not
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less than five (5) days, to enjoin and restrain the continuance of such violation. If it shall appear to
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the satisfaction of the court or justice that the defendant has, in fact, violated this section, an
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injunction may be issued by the court or justice, enjoining and restraining any further violations,
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without requiring proof that any person has, in fact, been injured or damaged thereby.
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(2) Whenever the court shall determine that a violation of this section has occurred, the
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court may impose a civil penalty of not more than one thousand dollars ($1,000).
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(f) When determining whether a supplement is labeled, marketed, or otherwise represented
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for the purpose of achieving weight loss or muscle building, the attorney general shall consider, but
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is not limited to, the following factors:
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(1) Whether the product contains:
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(i) An ingredient approved by the federal Food and Drug Administration for weight loss or
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muscle building;
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(ii) A steroid; or
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(iii) Creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean
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extract;
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(2) Whether the product’s labeling or marketing bears statements or images that express or
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imply that the product will help:
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(i) Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the

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process by which nutrients are metabolized; or
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(ii) Maintain or increase muscle or strength;
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(3) Whether the product or its ingredients are otherwise represented for the purpose of
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achieving weight loss or building muscle; and
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(4) Whether the retail establishment or delivery seller has:
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(i) Placed signs, categorized, or tagged the product with statements described in subsection
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(f)(2) of this section;
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(ii) Grouped the product with other weight-loss or muscle building products in a display,
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advertisement, webpage, or area of the store; or
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(iii) Otherwise represented that the product is for weight loss or muscle building.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN
***
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This act would prohibit the sale of over-the-counter diet pills and muscle-building
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supplements to minors in Rhode Island and require age verification, restricted access, and civil
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penalties for violations.
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This act would take effect upon passage.
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