Diet pills and supplements

AN ACT Relating to establishing restrictions on the sale of over-1
the-counter diet pills and dietary supplements for weight loss or 2
muscle building to individuals under 18 years of age; adding a new 3
chapter to Title 69 RCW; and prescribing penalties.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The definitions in this section apply 6
throughout this chapter unless the context clearly requires 7
otherwise.8
(1) "Delivery sale" means any sale of over-the-counter diet pills 9
or dietary supplements for weight loss or muscle building to a 10
consumer if: 11
(a) The consumer submits the order for the sale by means of a 12
telephone or other method of voice transmission, mail, or the 13
internet or other online service, or the seller is otherwise not in 14
the physical presence of the buyer when the request for purchase or 15
order is made; or 16
(b) The over-the-counter diet pills or dietary supplements for 17
weight loss or muscle building are delivered to the buyer by common 18
carrier, private delivery service, or other method of remote 19
delivery, or the seller is not in the physical presence of the buyer 20
S-0771.1
SENATE BILL 5622
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Dhingra, and Liias
Read first time 01/31/25. Referred to Committee on Business,
Financial Services & Trade.
p. 1 SB 5622
when the buyer obtains possession of the over-the-counter diet pills 1
or dietary supplements for weight loss or muscle building.2
(2) "Delivery seller" means a vendor, including online retailers, 3
who makes delivery sales of over-the-counter diet pills or dietary 4
supplements for weight loss or muscle building. "Delivery seller" 5
includes persons who accept orders placed by mail, telephone, email, 6
a website, online catalog, or software application.7
(3) "Dietary supplement" has the same meaning as in RCW 8
82.08.0293. 9
(4) "Dietary supplements for weight loss or muscle building" 10
means a dietary supplement that is labeled, marketed, or otherwise 11
represented for the purpose of achieving weight loss or muscle 12
building. "Dietary supplements for weight loss or muscle building" 13
does not include protein powders, protein drinks, or foods marketed 14
as containing protein unless the protein powder, protein drink, or 15
food marketed as containing protein contains an ingredient other than 16
protein which would, considered alone, constitute a dietary 17
supplement for weight loss or muscle building. 18
(5) "Over-the-counter diet pills" means a class of drugs labeled, 19
marketed, or otherwise represented for the purpose of achieving 20
weight loss that can be obtained without a prescription and is not 21
restricted to use by prescribing practitioners. 22
(6) "Person" means any individual, firm, corporation, 23
partnership, association, limited liability company, or other entity.24
(7) "Retail establishment" means any vendor that, in the regular 25
course of business, sells dietary supplements for weight loss or 26
muscle building or over-the-counter diet pills at retail directly to 27
the public, including pharmacies, grocery stores, other retail 28
stores, and vendors that accept orders placed by mail, telephone, 29
email, a website, online catalog, or software application.30
NEW SECTION. Sec. 2. (1) No person may sell, offer to sell, or 31
give away, as either a retail or wholesale promotion, an over-the-32
counter diet pill or dietary supplement for weight loss or muscle 33
building within this state to any person under 18 years of age.34
(2)(a) Retail establishments must require proof of legal age for 35
purchase of over-the-counter diet pills and dietary supplements for 36
weight loss or muscle building. 37
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(b) For the purposes of this section, proof of legal age includes 1
any of the following officially issued identification that shows the 2
purchaser's age and bears the purchaser's signature and photograph:3
(i) Driver's license, instruction permit, or identification card 4
of a state or province of Canada; 5
(ii) Identicard issued by the Washington state department of 6
licensing under chapter 46.20 RCW; 7
(iii) United States military identification; 8
(iv) Passport; 9
(v) Enrollment card issued by the governing authority of a 10
federally recognized Indian tribe located in Washington; or11
(vi) Merchant marine identification card issued by the United 12
States coast guard. 13
(c) Identification is not required of any individual who 14
reasonably appears to be at least 25 years of age. However, the 15
appearance of the purchaser shall not constitute a defense in any 16
proceeding alleging the sale of any over-the-counter diet pills and 17
dietary supplements for weight loss or muscle building to an 18
individual under 18 years of age. 19
(3)(a) Any person operating a retail establishment may perform a 20
transaction scan as a precondition for the purchase of over-the-21
counter diet pills or dietary supplements for weight loss or muscle 22
building. 23
(b) In any instance where the information deciphered by the 24
transaction scan fails to match the information printed on the 25
driver's license or nondriver identification card, or if the 26
transaction scan indicates that the information is false or 27
fraudulent, the attempted transaction must be denied.28
(c) In any proceeding arising under this chapter, it is an 29
affirmative defense that the purchaser produced identification listed 30
under subsection (2) of this section, successfully completed that 31
transaction scan, and that over-the-counter diet pills or dietary 32
supplements for weight loss or muscle building were sold, delivered, 33
or given to the purchaser in reasonable reliance on the 34
identification and transaction scan. In evaluating the applicability 35
of the affirmative defense, the court must take into consideration 36
any written policy adopted and implemented by the seller to carry out 37
this chapter. Use of a transaction scan may not excuse any person 38
operating a retail establishment from the exercise of reasonable 39
diligence otherwise required by this chapter. 40
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(d)(i) A retail establishment or employee of the establishment 1
may only use a transaction scan device capable of deciphering any 2
electronically readable format and may only use the information 3
recorded and maintained using such devices for the purposes contained 4
in this chapter. 5
(ii) No retail establishment or employee of the establishment may 6
resell or disseminate the information recorded during use of a 7
transaction scan device to any third person, including any 8
advertising, marketing, or promotional activities. However, 9
transaction information covered by this subsection may be released 10
under a court-ordered subpoena or a statute that specifically 11
authorizes the release of this information. 12
(e) A retail establishment or employee of the establishment may 13
electronically or mechanically record and maintain only the following 14
information from a transaction scan: 15
(i) Name; 16
(ii) Date of birth; 17
(iii) Identification number; and 18
(iv) Expiration date of the identification. 19
NEW SECTION. Sec. 3. A delivery seller, including an online 20
retailer, who mails or ships over-the-counter diet pills or dietary 21
supplements for weight loss or muscle building to consumers:22
(1) May not sell, deliver, or cause to be delivered any over-the-23
counter diet pills or dietary supplements for weight loss or muscle 24
building to a person under 18 years of age; and 25
(2) Must use a method of mailing or shipping: 26
(a) That requires the purchaser placing the delivery sale order, 27
or an adult who is at least 18 years of age to sign to accept 28
delivery of the shipping container at the delivery address; and29
(b) That requires the person who signs to accept delivery of the 30
shipping container to provide proof, in the form of a valid, 31
government-issued identification bearing a photograph of the 32
individual, that the person is at least 18 years of age.33
NEW SECTION. Sec. 4. (1) The office of the attorney general may 34
investigate violations of this chapter and may bring actions to 35
enforce compliance and enjoin further violations. Except for 36
violations of section 2 (3)(d)(ii) of this act, when a court 37
determines that a violation of this chapter has occurred, the court 38
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may impose a penalty of not more than $500 per violation. If a court 1
determines that a violation of section 2 (3)(d)(ii) of this act has 2
occurred, the court may impose a penalty of not more than $1,000 per 3
violation. 4
(2) When determining whether an over-the-counter diet pill or 5
dietary supplement is labeled, marketed, or otherwise represented for 6
the purpose of achieving weight loss or muscle building, the court 7
shall consider, at a minimum, the following factors:8
(a) Whether the product contains: 9
(i) An ingredient approved by the federal food and drug 10
administration for weight loss or muscle building;11
(ii) A steroid; or 12
(iii) Creatine, green tea extract, raspberry ketone, garcinia 13
cambogia, or green coffee bean extract; 14
(b) Whether the product's labeling or marketing bears statements 15
or images that express or imply that the product will help:16
(i) Modify, maintain, or reduce body weight, fat, appetite, 17
overall metabolism, or the process by which nutrients are 18
metabolized; or 19
(ii) Maintain or increase muscle or strength; 20
(c) Whether the product or its ingredients are otherwise 21
represented for the purpose of achieving weight loss or building 22
muscle; or 23
(d) Whether the retailer has categorized the dietary supplement 24
for weight loss or muscle building by: 25
(i) Placing signs, categorizing, or tagging the supplement with 26
statements described under (b) of this subsection;27
(ii) Grouping the supplements with other weight loss or muscle 28
building products in a display, advertisement, web page, or area of 29
the store; or 30
(iii) Otherwise representing that the product is for weight loss 31
or muscle building. 32
NEW SECTION. Sec. 5. Sections 1 through 4 of this act 33
constitute a new chapter in Title 69 RCW.34
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