By Mike Montemarano, Associate Editor01.03.23
Governor Kathy Hochul recently vetoed a bill (A431-C) which would have placed age restrictions on a number of dietary supplement products and “over-the-counter diet pills” which are marketed for weight loss or muscle building.
Hochul cited concerns that the legislation would place too much of a burden on the state’s Department of Health.
“I share the concerns of the sponsors of this bill, and desire to address the marketing of these diet pills and dietary supplements to minors,” Hochul wrote to the Assembly.
However, “This legislation would require the Department of Health to determine what products should be limited under this new law. DOH does not have the expertise necessary to analyze ingredients used in countless products, a role that is traditionally played by the FDA. Without sufficient expertise, DOH is not equipped to create a list of restricted products. It would also be unfair to expect retailers to determine which products they can and cannot sell over the counter to minors, particularly when facing the threat of civil penal
Hochul cited concerns that the legislation would place too much of a burden on the state’s Department of Health.
“I share the concerns of the sponsors of this bill, and desire to address the marketing of these diet pills and dietary supplements to minors,” Hochul wrote to the Assembly.
However, “This legislation would require the Department of Health to determine what products should be limited under this new law. DOH does not have the expertise necessary to analyze ingredients used in countless products, a role that is traditionally played by the FDA. Without sufficient expertise, DOH is not equipped to create a list of restricted products. It would also be unfair to expect retailers to determine which products they can and cannot sell over the counter to minors, particularly when facing the threat of civil penal
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