(1) As used in this section, the term “weight-loss pill” means a pill that is available without a prescription, the marketing, advertising, or packaging of which indicates that its primary purpose is for facilitating or causing weight loss. The term includes a pill that contains at least one of the following ingredients: ephedra species, ephedrine alkaloid containing dietary supplements, or Sida cordifolia. However, the term does not include a pill containing one or more of such ingredients which is marketed or intended for a primary purpose other than weight loss.
(2) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, a weight-loss pill to a person under 18 years of age. However, it is a defense to a charge of violating this subsection if the buyer or recipient of the weight-loss pill displayed to the person alleged to have committed the violation a driver license or identification card issued by this state or another state, a passport, or a United States armed services identification card that indicated that the buyer or recipient was 18 years of age or older and the appearance of the buyer or recipient was such that a prudent person would reasonably believe that the buyer or recipient was not under 18 years of age.
(3) A first violation of subsection (2) or this subsection is punishable by a fine of $100. A second violation of subsection (2) or this subsection is punishable by a fine of $250. A third violation of subsection (2) or this subsection is punishable by a fine of $500. A fourth or subsequent violation of subsection (2) or this subsection is punishable by a fine as determined by the Department of Agriculture and Consumer Services, not to exceed $1,000.
History.—s. 1, ch. 2003-24; s. 77, ch. 2013-18.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 501 - Consumer Protection
Part I - General Provisions (Ss. 501.001-501.171)
501.001 - Florida Anti-Tampering Act.
501.005 - Consumer report security freeze.
501.0051 - Protected consumer report security freeze.
501.011 - Credit cards; unsolicited delivery or mailing prohibited.
501.0113 - Unsolicited goods; no obligation on part of recipient.
501.0118 - Restrictions on information printed on receipts for payment-card transactions; penalties.
501.012 - Health studios; legislative findings.
501.0125 - Health studios; definitions.
501.013 - Health studios; exemptions.
501.014 - Health studios; powers and duties of the department.
501.015 - Health studios; registration requirements and fees.
501.016 - Health studios; security requirements.
501.017 - Health studios; contracts.
501.018 - Health studios; change of ownership or location.
501.019 - Health studios; penalties.
501.021 - Home solicitation sale; definitions.
501.022 - Home solicitation sale; permit required.
501.025 - Home solicitation sale; buyer’s right to cancel.
501.031 - Home solicitation sale; written agreement.
501.035 - Home solicitation sale; exclusions.
501.041 - Home solicitation sale; restoration of down payment.
501.045 - Home solicitation sale; duty of buyer.
501.046 - Home solicitation sale; duty of businesses conducting home solicitation sales.
501.047 - Home solicitation sale; prohibited practices.
501.052 - Home solicitation sale; enforcement authority; injunctive relief.
501.053 - Home solicitation sale; judicial review.
501.055 - Home solicitation sale; penalties.
501.057 - Commercial Weight-Loss Practices Act; short title.
501.0571 - Commercial Weight-Loss Practices Act; definitions.
501.0573 - Weight-loss provider requirements.
501.0575 - Weight-Loss Consumer Bill of Rights.
501.0577 - Commercial Weight-Loss Practices Act; exemptions.
501.0579 - Commercial Weight-Loss Practices Act; unlawful practices.
501.0581 - Commercial Weight-Loss Practices Act; civil remedies.
501.059 - Telephone solicitation.
501.122 - Control of nonionizing radiations; laser; penalties.
501.135 - Consumer unit pricing.
501.137 - Mortgage lenders; tax and insurance payments from escrow accounts; duties.
501.1377 - Violations involving homeowners during the course of residential foreclosure proceedings.
501.138 - Advertising of previews or trailers; standards.
501.141 - Delivery of crated goods; written statement of satisfaction; right to cancel.
501.142 - Retail sales establishments; preemption; notice of refund policy; exceptions; penalty.