AHPA drives revisions to California weight loss product bill
June 15, 2022
A California bill which threatened consumer access to many safe dietary supplements has been amended to resolve concerns by the affected industry. Assembly Bill 1341, sponsored by Assemblymember Cristina Garcia, had originally applied extensive physical access and age restrictions to a broadly defined class of dietary supplement and OTC products “sold for or used with the intent to achieve weight loss."
With the help and input of members of the American Herbal Products Association (AHPA) Sports Nutrition Committee and a coalition of other trade associations, AHPA staff developed alternative language for the bill and presented it to Assemblymember Garcia. Following several rounds of discussions, much of this language has now been incorporated into the bill by amendment in the California Senate.
As amended, the bill has no physical access restrictions and greatly narrows and clarifies the covered product definition. The remaining restriction bars individuals under 18 from purchasing dietary supplements that are both a) “labeled, marketed, or otherwise represented for the purpose of achieving weight loss”, and b) found by the California Department of Public Health, as part of a stakeholder consultation, to both meet the above definition and contribute to specific health conditions. Dietary fiber products are also excluded from the bill's scope, and individuals under 18 can access covered products with a prescription.
Following the incorporation of these amendments, AHPA has withdrawn its opposition to AB 1341. AHPA continues to monitor similar restrictive legislation in several other states.