SB2106

SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§328- Nonprescription diet pills; dietary supplements; weight loss; muscle building; minors; prohibition. (a) No person shall sell, offer to sell, or give away, as either a retail or wholesale promotion, a nonprescription diet pill or a dietary supplement for weight loss or muscle building to any person under eighteen years of age.

(b) Any retail establishment that sells nonprescription diet pills or dietary supplements for weight loss or muscle building shall:

(1) Limit access to these products in a manner that ensures only employees of the retail establishment have direct access to the products; and

(2) Request a valid form of government-issued, photographic identification from any person who attempts to purchase these products if the retail establishment cannot reasonably determine that the person is at least eighteen years of age.

(c) No delivery seller shall sell, deliver, or cause to be delivered any nonprescription diet pill or dietary supplement for weight loss or muscle building to any person under eighteen years of age. Any delivery seller that sells nonprescription diet pills or dietary supplements for weight loss or muscle building shall use a method of mailing or shipping these products that requires:

(1) The purchaser placing the order or an adult who is at least eighteen years of age to sign for acceptance of delivery of the shipping container at the delivery address; and

(2) The person who signs to accept delivery of the shipping container at the delivery address to provide a valid form of government-issued, photographic identification to verify the person is at least eighteen years of age.

(d) When determining whether a nonprescription diet pill or dietary supplement for weight loss or muscle building is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, the following factors shall be considered, at a minimum:

(1) Whether the product contains:

(A) An ingredient approved by the United States Food and Drug Administration for weight loss or muscle building;

(B) A steroid; or

(2) Whether the product's labeling or marketing bears statements or images that express or imply that the product will help:

(A) Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized; or

(B) Maintain or increase muscle or strength;

(3) Whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle; and

(4) Whether the retail establishment or delivery seller has:

(A) Placed signs, or categorized or tagged the product, with statements described in paragraph (2);

(B) Grouped the product with other weight loss or muscle building products in a display, advertisement, webpage, or area of the retail establishment; or

(e) As used in this section:

"Delivery sale" means the sale of nonprescription diet pills or dietary supplements for weight loss or muscle building to a consumer if:

(1) The consumer submits the order for the sale by means of a telephone or other method of voice transaction, deposit in the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the consumer when the request for purchase or order is made; or

(2) The nonprescription diet pills or dietary supplements for weight loss or muscle building are delivered to the consumer by common carrier, private delivery service, or other method of remote delivery, or the seller is otherwise not in the physical presence of the consumer when the consumer obtains possession of the products.

"Delivery seller" means a person, including an online retailer, who makes delivery sales of nonprescription diet pills or dietary supplements for weight loss or muscle building.

"Dietary supplement for weight loss or muscle building" means a dietary supplement as defined in title 21 United States Code Section 321(ff) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle.

"Nonprescription diet pill" means a nonprescription drug that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss.

"Retail establishment" means a vendor that sells nonprescription diet pills or dietary supplements for weight loss or muscle building directly to the public, including but not limited to pharmacies, grocery stores, other retail stores, and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application."

SECTION 2. Section 328-6, Hawaii Revised Statutes, is amended to read as follows:

"§328-6 Prohibited acts. The following acts and the causing thereof within the State by any person are prohibited:

(1) The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any food, drug, device, or cosmetic;

(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

(7) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;

(8) The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

(11) The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

(12) The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328‑23, concerning any method or process which as a trade secret is entitled to protection;

(13) In the case of a prescription drug distributed or offered for sale in this State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter [~~which~~] that is required to be included in any package in which that drug is distributed or sold, or [~~such~~] other printed matter as is approved under the Federal Act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

(14) (A) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or

(B) Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

(C) Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

(15) Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

(16) The distribution in commerce of a consumer commodity as defined in this part, if [~~such~~] the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that [~~such~~] the persons:

(A) Are engaged in the packaging or labeling of [~~such~~] the commodities; or

(B) Prescribe or specify by any means the manner in which [~~such~~] the commodities are packaged or labeled;

(17) The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products which simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts [~~which~~] that do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of such genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of [~~such~~] the substitution, to include but not limited to the substitution of imitation milk in milk shake and malted milk drinks;

(18) Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer. This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;

(19) The selling or offering for sale at any food facility [~~which~~] that serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery [~~which~~] that contains alcohol in excess of [~~one-half of one~~] 0.5 per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

(20) The sale to a person [~~below the age of~~] under twenty-one years of age of any food [~~which~~] that is a confectionery [~~which~~] that contains alcohol in excess of [~~one-half of one~~] 0.5 per cent by weight[.]; and

(21) The sale to a person under eighteen years of age of a nonprescription diet pill or a dietary supplement for weight loss or muscle building pursuant to section 328- ."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2106
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII