Selling weight-loss and muscle-building supplements to minors in New York is now illegal
ALBANY, N.Y. — It is now illegal to sell weight loss and muscle building supplements to minors in New York, under a law that went into effect this week.
Experts say loose federal regulation of dietary supplements has led to these products sometimes containing unapproved ingredients, such as steroids and heavy metals, putting children at risk. The U.S. Food and Drug Administration monitors the market but does not test products before they are sold.
“The law we drafted reflects the lack of regulation from the FDA and the lack of regulation in the industry,” said Jensen Jose, regulatory member at the Center for Science in the Public Interest, who worked on the legislation.
State lawmakers in Massachusetts are considering a similar measure. The California state House previously passed a ban on the sale of weight-loss supplements to minors that was vetoed by the governor, but lawmakers there are considering a new version. A Colorado law that will end the sale of diet pills to minors goes into effect in July.
New York law allows the state to impose fines on companies selling diet pills or supplements for children that promote themselves as helping to build muscle or burn fat. Protein supplements and shakes are exempt unless they contain another ingredient for weight loss or muscle building.
Although specific products are not banned, the law states that judges enforcing the measure can consider the addition of ingredients such as creatine, green tea extract and raspberry ketone.
The authors of the bill point to studies showing that some supplements are secretly contaminated with anabolic steroids and banned stimulants. That makes the products especially harmful to children, who are still growing, says Theresa Gentile, a registered nutritionist and spokesperson for the Academy of Nutrition and Dietetics.
At Natural Body Astoria, a vitamin and supplement store in Queens, employee Nick Kubler said the company was already self-monitoring before the law went into effect this week.
“We’ve never sold anything like this to kids before, but we’re definitely more aware of it now,” Kubler said.
Dhriti Rathod, a 17-year-old model and student at the New York Institute of Technology, said she supports the restrictions.
“People my age don’t research this stuff, they do it based on what they see online,” Rathod said. “They see people using it, so they immediately jump on it and start using it. but they do not know the dangers.”
But the new regulations have met resistance from the sector as a whole, with some retailers saying the definition of what can and cannot be sold to children is unclear.
“The actual definition of what is illegal to sell to a minor is incredibly vague,” said Lee Wright, CEO of national chain The Vitamin Shoppe.
He says the company spent “an inordinate amount of time” figuring out how to implement the new rules. The computer systems now display a pop-up screen when the type of products targeted by the law are sold.
The law has also been challenged by at least two lawsuits from industry groups claiming that the law is too vague and that regulation is the FDA’s responsibility.
In one of those lawsuits, a federal judge in Manhattan last Friday denied a motion by the Council for Responsible Nutrition to block the law from taking effect. He felt this was “uncompromisingly clear” and said the organisation’s fear of possible fines and loss of income “pales in comparison”. compared” to the state’s goal of protecting young people from “unhindered access to nutritional supplements.”
FDA spokespeople did not respond to email messages seeking comment.
State Sen. Shelley Mayer, a Democrat who sponsored the legislation, said implementation shouldn’t be that difficult for companies because some already sort their supplements into categories for weight loss or muscle building.
It’s unclear how major online retailers like Amazon will ensure they don’t ship the supplements to minors in the Empire State. The company did not respond to a request for comment. Select products on The Vitamin Shoppe’s online store require New York buyers to provide proof of identification upon delivery.
Maxim Abramciuc, an 18-year-old who has used muscle-building supplements in the past, said that while he understands the limitation, he doesn’t fully agree with it.
“They should be able to buy some of these products,” he said as he browsed a vitamin and supplement store in Albany. “If it has few side effects, why shouldn’t children take it?”
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Maysoon Khan is a staff member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.