SB2284

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

SALES OF CERTAIN Diet and MUSCLE-BUILDING PRODUCTS TO MINORS

§ -1 Definitions. For purposes of this chapter, unless the context requires otherwise:

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

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

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

"Delivery seller" means a vendor, including any online retailer, that makes delivery sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building.

"Delivery seller" includes any person that accepts orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application.

"Dietary supplement" shall have the same meaning as in title 21 United States Code section 321.

"Dietary supplement for weight loss or muscle building" means a class of dietary supplement that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building.

"Over-the-counter diet pill" means a class of drugs that are labeled, marketed, or otherwise represented for the purpose of achieving weight loss and sold, transferred, or furnished over the counter, with or without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act, title 21 United States Code chapter 9, or regulations adopted pursuant to that Act.

"Retail establishment" means any vendor that, in the regular course of business, sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail 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.

§ -2 General prohibition regarding minors; proof of legal age. (a) Except as provided by this chapter, no person shall sell, offer to sell, or give away, as either a retail or wholesale promotion, any over-the-counter diet pill or dietary supplement for weight loss or muscle building to any person within the State who is under eighteen years of age. Each retail establishment shall require proof of legal age for the purchase of the aforementioned products.

(b) For purposes of this chapter, only the following may be considered as proof of legal age:

(1) A valid driver's license or non-driver's identification card issued by the examiner of drivers; the federal government; any United States territory, commonwealth or possession; the District of Columbia; a state government within the United States; or a provincial government of the dominion of Canada;

(2) A valid passport issued by the United States government or any other country;

(3) An identification card issued by the armed forces of the United States, indicating that the individual is at least eighteen years of age; or

(4) A student identification card, provided that the card indicates the date of birth of the individual.

§ -3 Scans; identification cards; driver's licenses. (a) Any person operating a retail establishment may scan the machine-readable zone of an individual's identification card or driver's license pursuant to section 487J-6 as a precondition for the purchase of over-the-counter diet pills or dietary supplements for weight loss or muscle building.

(b) In any instance in which the information deciphered by the scan fails to match the information printed on the driver's license or identification card, or any instance in which the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied.

(c) In any proceeding pursuant to section -5, it shall be an affirmative defense that the person produced a driver's license or identification card apparently issued by a governmental entity; that the machine-readable scan appeared to verify the person's age; and that over-the-counter diet pills or dietary supplements for weight loss or muscle building were sold, delivered, or given to the person in reasonable reliance upon the presentation of the identification and completion of the scan. In evaluating the applicability of this affirmative defense, the court shall take into consideration any written policy adopted and implemented by the seller to comply with this chapter. The practice of scanning of machine-readable zones of driver's licenses and identification cards shall not excuse any person operating a retail establishment from the exercise of reasonable diligence otherwise required by this chapter.

§ -4 Delivery sellers. Notwithstanding section -2, a delivery seller, including an online retailer, that mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle building to consumers:

(1) Shall not sell, deliver, or cause to be delivered any over-the-counter diet pill or dietary supplement for weight loss or muscle building to a person under eighteen years of age; and

(2) Shall use a method of mailing or shipping that requires:

(A) The purchaser placing the delivery sale order, or an adult who is at least eighteen years of age, to sign to accept delivery of the shipping container at the delivery address; and

(B) The individual who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, that the person is at least eighteen years of age.

§ -5 Violations; special proceedings. Whenever there shall be a violation of this chapter, an application may be made by the attorney general in the name of the State, to a court having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the violation; and if it shall appear to the satisfaction of the court that the defendant has, in fact, violated this chapter, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. Whenever a court shall determine that a violation of this chapter has occurred, the court may impose a civil penalty of no more than $500.

§ -6 Courts; factors to consider. When determining whether an over-the-counter diet pill or dietary supplement is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, the court shall consider factors including whether:

(1) The product contains:

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

(B) A steroid; or

(2) 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) The product or its ingredients are otherwise represented for the purpose of achieving weight loss or muscle building; or

(4) The retailer has categorized the product as being for weight loss or muscle building by:

(A) Placing signs, categorizing, or tagging the supplement with statements described in paragraph (2):

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

§ -7 Exceptions; vitamins; protein. This chapter shall not apply to the sale of:

(1) Vitamins;

(2) Protein powder or protein drinks; or

(3) Food; marketed as containing vitamins or protein;

unless the product also contains an ingredient other than a vitamin or protein that would, considered alone, constitute a dietary supplement for weight loss or muscle building."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2284
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII