Will Constitution Stop New York's Diet Pill Sales Rule Despite State Age-Restricting DXM OTCs?
NPA argues in complaint that limiting purchases of weight loss and bodybuilding OTC drugs and supplements to consumers 18 and older preempted not only by FD&C Act regulations but also by Commerce Clause of the US Constitution.
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“What are retailers going to do? They're either going to put it behind a case or they're going to put it in a pharmacy-only counter where you have to ask for assistance to get it,” says CRN CEO Steve Mister. “Until we have some more insight, we're being over inclusive in terms of what we're including,” says attorney Claudia Lewis.
Percentage of 10th- and 12th-graders in MTF survey using DXM-containing OTCs for inebriation effects had declined while rate of 8th-graders increased from 2018 to 2019. However, abuse of OTC drugs containing the cough suppressant increased in all age groups in 2020 survey.
Resp. Matsui, Johnson again introduce bill for national age-18 requirement for OTC DXM sales; E-Cigarettes top NRTs for smoking cessation efficacy in UK trial.