HB3948 101ST GENERAL ASSEMBLY

  
  
 

 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3948
 
Introduced 10/30/2019, by Rep. Robyn Gabel
 
SYNOPSIS AS INTRODUCED:
 

 
  
New Act
215 ILCS 5/424  from Ch. 73, par. 1031

     Creates the Over the Counter Diet Pills Act. Prohibits the sale of over the counter diet pills to any person under 18 years of age. Provides that retail establishments selling over the counter diet pills must limit access, display, and provide access to over the counter diet pills designated by the Department of Public Health in specified manners. Provides that violations of the Act's provisions shall be punished as a business offense with a fine of no more than $2,000 and shall constitute an unfair method of competition and an unfair or deceptive act or practice under the Illinois Insurance Code. Requires the Department, in consultation with the United States Food and Drug Administration and stakeholders, to determine which over the counter diet pills shall have limited accessibility. Amends the Illinois Insurance Code to make a conforming change. Effective 180 days after becoming law.
  


LRB101 14590 CPF 63499 b

 
 
A BILL FOR
 

  
HB3948LRB101 14590 CPF 63499 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Over 
5the Counter Diet Pills Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Public Health.
8    "Lipotropics" means compounds that help break down fat 
9during body metabolism.
10    "Over the counter diet pills" means a class of dietary 
11supplements or drugs sold for or used with the intent to 
12achieve weight loss or build muscle that is lawfully sold, 
13transferred, or furnished over the counter with or without a 
14prescription pursuant to the Federal Food, Drug, and Cosmetic 
15Act or regulations adopted thereunder. "Over the counter diet 
16pills" includes, but is not limited to, thermogens, 
17lipotropics, hormones, hormone modulators, hormone mimetics, 
18appetite suppressants, and ingredients deemed adulterated 
19under Section 342 of the Federal Food, Drug, and Cosmetic Act.
20    "Retail establishment" means any vendor that in the regular 
21course of business sells over the counter diet pills at retail 
22directly to the public, including, but not limited to, 
23pharmacies, grocery stores, mail-order vendors, internet sale 
 
 
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1vendors, or other retail stores.
2    "Thermogens" means substances that produce heat in the body 
3and promote more calorie burning.
 
4    Section 10. Sale of over the counter diet pills.
5    (a) No over the counter diet pills shall be sold to any 
6person under 18 years of age.
7    (b) A retail establishment that sells over the counter diet 
8pills shall limit access to over the counter diet pills 
9designated for limited accessibility by the Department under 
10Section 20 in a manner designed to prevent the misuse or abuse 
11of such products. Such products shall be displayed in locked 
12cases, not be directly accessible by customers, and may only be 
13accessed by a manager, assistant manager, acting manager, or 
14other supervisory personnel at such location. Such products may 
15only be purchased upon a request made by a customer to the 
16manager, assistant manager, acting manager, or other 
17supervisory personnel at such location.
 
18    Section 15. Violations.
19    (a) A violation of Section 10 shall be punishable as a 
20business offense and subject to a fine of no more than $2,000.
21    (b) A violation of Section 10 shall constitute an unfair 
22method of competition and  an unfair or deceptive act or 
23practice under Section 424 of the Illinois Insurance Code.
 
 
 
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1    Section 20. Determination of limited accessibility. The 
2Department, in consultation with the United States Food and 
3Drug Administration and stakeholders, including, but not 
4limited to, the community of persons with eating disorders, 
5shall determine by rule which over the counter diet pills shall 
6have limited accessibility under subsection (b) of Section 10.
 
7    Section 25. Rulemaking. The Department shall adopt such 
8rules as it deems necessary for the implementation of this Act.
 
9    Section 50. The Illinois Insurance Code is amended by 
10changing Section 424 as follows:
 


11    (215 ILCS 5/424)  (from Ch. 73, par. 1031)




12    Sec. 424. Unfair methods of competition and unfair or 
13deceptive acts or
practices defined.   The following are hereby 
14defined as unfair methods of
competition and unfair and 
15deceptive acts or practices in the business of
insurance:

16        (1) The commission by any person of any one or more of 
17    the acts
defined or prohibited by Sections 134, 143.24c, 
18    147, 148, 149, 151, 155.22,
155.22a, 155.42,
236, 237, 364, 
19    and 469 of this Code.

20        (2) Entering into any agreement to commit, or by any 
21    concerted
action committing, any act of boycott, coercion 
22    or intimidation
resulting in or tending to result in 
23    unreasonable restraint of, or
monopoly in, the business of 
 
 
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1    insurance.

2        (3) Making or permitting, in the case of insurance of 
3    the types
enumerated in Classes 1, 2, and 3 of Section 4, 
4    any unfair discrimination
between individuals or risks of 
5    the same class or of essentially the same
hazard and 
6    expense element because of the race, color, religion, or 
7    national
origin of such insurance risks or applicants.  The 
8    application of this Article
to the types of insurance 
9    enumerated in Class 1 of Section 4 shall in no way
limit, 
10    reduce, or impair the protections and remedies already 
11    provided for by
Sections 236 and 364 of this Code or any 
12    other provision of this Code.

13        (4) Engaging in any of the acts or practices defined in 
14    or prohibited by
Sections 154.5 through 154.8 of this Code.

15        (5) Making or charging any rate for insurance against 
16    losses arising
from the use or ownership of a motor vehicle 
17    which requires a higher
premium of any person by reason of 
18    his physical disability, race, color,
religion, or 
19    national origin.

20        (6) Failing to meet any requirement of the Unclaimed 
21    Life Insurance Benefits Act with such frequency as to 
22    constitute a general business practice.
23        (7) A violation of Section 10 of the Over the Counter 
24    Diet Pills Act. 
25(Source: P.A. 99-143, eff. 7-27-15; 99-893, eff. 1-1-17.)

 
26    Section 99. Effective date. This Act takes effect 180 days 
 
 
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1after becoming law.