As used in this article 28, unless the context otherwise requires:
(1) (a) Over-the-counter diet pill means a class of drugs that are labeled and marketed under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., for the purpose of achieving weight loss that are lawfully sold, transferred, or otherwise furnished without a prescription.
(b) Over-the-counter diet pill includes products marketed with a drug facts panel pursuant to federal regulations that contain either approved drug ingredients or ingredients deemed adulterated pursuant to 21 U.S.C. sec. 342, or both.
(2) Retail establishment means any vendor that, in the regular course of business, sells 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.
Source: L. 2023: Entire article added, (SB 23-176), ch. 275, p. 1627, � 3, effective July 1, 2024.
6-28-102. Over-the-counter diet pills - prohibition on selling to persons under eighteen years of age - deceptive trade practice - rules. (1) (a) A retail establishment shall not sell, transfer, or otherwise furnish over-the-counter diet pills to any person under eighteen years of age.
(b) A retail establishment shall request valid identification from any person who attempts to purchase over-the-counter diet pills if that person reasonably appears to the retail establishment to be under eighteen years of age.
(2) A violation of this article 28 is a deceptive trade practice pursuant to section 6-1-105 (1)(cccc).
Source: L. 2023: Entire article added, (SB 23-176), ch. 275, p. 1627, � 3, effective July 1, 2024.