California 2023-2024 Regular Session Status: Passed Assembly 5 D cosponsors

AB 82 — Dietary supplements for weight loss and over-the-counter diet pills.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. A violation of those provisions is a crime. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age. This bill would prohibit a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills, as defined, to any person under 18 years of age without a prescription, by requiring the retail establishment to follow a specified identification check. The bill would require the department, in consultation with certain entities, to determine which dietary supplements for weight loss and OTC diet pills would be subject to these provisions, in a manner consistent with specified criteria. The bill would make a person who violates these provisions liable for a civil penalty of no more than $250 for each violation, as specified. The bill would exempt a retail clerk from any civil penalties for a violation of these provisions, except as specified. Under the bill, the above-described criminal penalty would not apply to a violation of these provisions. The bill would make these provisions operative on January 1, 2026, and would make the provisions severable.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 25). Re-referred to Com. on APPR.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. In committee: Hearing postponed by committee.

  6. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 5). Re-referred to Com. on JUD.

  7. In committee: Set, first hearing. Hearing canceled at the request of author.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  9. Referred to Coms. on HEALTH and JUD.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 2. Page 3944.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 13. Noes 1.) (January 18).

  14. In committee: Set, first hearing. Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (January 11). Re-referred to Com. on APPR.

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (January 9). Re-referred to Com. on JUD.

  17. Coauthors revised.

  18. (Pending re-refer to Com. on JUD.)

  19. Assembly Rule 56 suspended. (Page 3805.)

  20. Referred to Coms. on HEALTH and JUD.

  21. Read first time.

  22. Introduced measure version corrected.

  23. From printer. May be heard in committee January 15.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 2000
Republican 0001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 2000
Republican 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Roth — Yea
Glazer — Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

AB 82 Weber Assembly Third Reading

Passed 63 Yea · 2 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 44003
Unaffiliated 16103
Republican 3109
Total 632015
% of votes cast 79%3%0%19%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Waldron — Yea
Santiago — Yea
Essayli — Nay
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 3000
Republican 1102
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Holden — Yea
Villapudua — Yea
Wood — Yea
Arambula, Joaquin Democratic Yea
Calderon, Lisa Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Pellerin, Gail Democratic Yea
Dahle, Megan Republican Not Voting
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1001
Republican 1001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Waldron — Not Voting
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 6000
Republican 0002
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Santiago — Yea
Waldron — Yea
McCarty — Yea
Rodriguez — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Schiavo, Pilar Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 82 do?
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. A violation of those provisions is a crime. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age. This bill would prohibit a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or over-the-counter (OTC) diet pills, as defined, to any person under 18 years of age without a prescription, by requiring the retail establishment to follow a specified identification check. The bill would require the department, in consultation with certain entities, to determine which dietary supplements for weight loss and OTC diet pills would be subject to these provisions, in a manner consistent with specified criteria. The bill would make a person who violates these provisions liable for a civil penalty of no more than $250 for each violation, as specified. The bill would exempt a retail clerk from any civil penalties for a violation of these provisions, except as specified. Under the bill, the above-described criminal penalty would not apply to a violation of these provisions. The bill would make these provisions operative on January 1, 2026, and would make the provisions severable.
Who sponsors AB 82?
AB 82 is sponsored by Weber Pierson, M.D., Akilah (Democratic), Pellerin, Gail (Democratic), Aguiar-Curry, Cecilia M. (Democratic), Schiavo, Pilar (Democratic), and Rubio, Blanca E. (Democratic).
What is the current status of AB 82?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 82?
Track AB 82 free on One Click Politics — get push/email alerts when it moves.

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