A recent California Assembly Bill 1341 (AB 1341) that would place heavy restrictions on a broad range of dietary supplements has been held up in the state Appropriations Committee, seriously delaying its passage. AB 1341, introduced by California Assemblymember Cristina Garcia, proposes to apply restrictions on OTC and supplement products “sold for or used with the intent to achieve weight loss”, ban their retail sale to people under 18 without a prescription, restrict physical access to such supplements, and require the public display of warning materials, among other provisions. Retailers found to be in violation of these provisions would be subject to a $1,000 civil penalty. AB 1341 is the latest in a succession of similar bills targeting weight loss and muscle-building supplements. Similar bills are under consideration in the states of New York and Massachusetts.

The American Herbal Products Association (AHPA) has a longstanding practice of opposing efforts to enact state-by-state restrictions on specific supplement categories. AHPA is lobbying the state assembly in opposition to the bill, in collaboration with representative members of the dietary supplement industry and in coordination with similar efforts by the Council for Responsible Nutrition.

With this delay, AB 1341 has become a “two-year bill”. This means that the bill cannot move forward until the second half of the two-year legislative session begins in 2022, and must move forward with a vote of the full state assembly early in 2022, or its passage will fail. Additionally, under California Assembly rules, a member cannot reintroduce the same bill a second time during the same legislative session.

AHPA will continue to monitor this bill and engage in discussions with industry, the bill’s authors, and members of the California legislature to protect the interests of the herbal products industry.

Please contact AHPA Director of Regulatory Affairs Robert Marriott with any questions regarding this matter.