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A5610D

An act to amend the General Business Law — 2023-06-05 · Calendar #663

Assembly Bill 5610D, sponsored by Assemblymember Rozic and designated as Calendar Number 663, was laid aside on the Senate floor following a motion by Sen. Palumbo. The measure, which would amend the General Business Law, did not advance to a vote.

Debate Summary

No debate occurred. Sen. Palumbo moved to lay the bill aside.


An act to amend the General Business Law regarding the sale of over-the-counter diet pills and supplements to minors — 2023-06-05 · Calendar #663

The New York State Senate passed Assembly Bill 5610D on a 46-15 vote, restricting the sale of over-the-counter diet pills and weight loss supplements to persons under 18 years old. The measure, sponsored by Sen. Mayer, addresses health risks from unregulated products marketed to young people, citing documentation from Harvard School of Public Health. The bill represents a revised approach after the Governor vetoed similar legislation last year, removing the Department of Health from enforcement and instead empowering the Attorney General to bring court actions against violators. Retailers must check identification before selling covered products, with valid forms including driver's licenses, passports, military IDs, and student identification cards. The bill defines covered products as over-the-counter diet pills and dietary supplements marketed for weight loss or muscle building, excluding protein powders and protein drinks unless they contain additional weight-loss ingredients. Sen. Canzoneri-Fitzpatrick opposed the measure, arguing it is overly broad and places unfair burdens on small retailers without providing clear guidance on which products are covered or offering a defense for unknowingly selling restricted items. She also questioned whether the Attorney General, already overburdened with other consumer protection duties, has adequate resources to enforce the statute. Sen. Mayer countered that the bill represents a thoughtful, responsible approach to regulating products that have been underregulated by the FDA and pose genuine health risks to minors.
PASSED Ayes: 46 · Nays: 15

Debate Summary

Sen. Mayer explained that the bill restricts sales of over-the-counter diet pills and weight loss supplements to persons under 18, addressing health risks documented by Harvard School of Public Health. The bill was revised after the Governor vetoed a similar version last year, removing the Department of Health from enforcement and instead giving the Attorney General authority to bring actions in court. Sen. Canzoneri-Fitzpatrick raised concerns about the bill's breadth, lack of clear guidance to retailers on which products are covered, absence of a retailer defense for unknowingly selling covered products, and whether the overburdened Attorney General has resources to enforce it.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Mayer aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Walczyk nay Republican