Under a new proposal in New York, convenience stores might have to start checking IDs when customers buy diet pills or dietary supplements for weight loss or muscle building.
New York Assembly Bill 5610 prohibits the sale of these products to people under 18 years old, but exempts certain protein powders, protein drinks and foods, according to the drafted bill. A driver’s license, state ID or even a student ID card that includes the individual’s date of birth would be accepted forms of identification. Such IDs would not be required of any individual who reasonably appears to be at least 25 years old, the proposed bill says.
Kent Sopris, president of the New York Association of Convenience Stores (NYACS), told CSP Daily News he is concerned with the potential to allow student IDs to be used.
“These IDs are not government issued and can be easily manipulated,” he said. “If the purpose of the bill is to ensure products do not get into the hands of youth, allowing student IDs seems self-defeating.”
Another concern is under the current draft of the bill, the state attorney general could take retailers to court over what amounts to a $500 fine, Sopris said. Other similar consumer products bills place regulatory and enforcement powers in the hands of local authorities, and this bill should do the same, he said.
What products would be included is also in question—the way the bill is drafted, it would include popular products like pre-workout energy drink Celsius, Sopris said.
“We understand the sponsors' concerns about keeping harmful products out of the hands of youth,” Sopris said. “ID enforcement of tobacco and alcohol products is of utmost importance to my members.”
Weight control products, like nutritional liquids and powders and weight control candy and tablets took in $564.8 million in c-stores for the 52 weeks ending on Aug. 13, according to Chicago-based market research firm Circana. Vitamins took in $508.6 million for the same time frame.
While smaller segments, both showed double-digit growth in both dollar and unit sales in c-stores. Weight control products were up 34% year-over-year in dollar sales and 20% in unit sales, according to Circana.
The bill passed in both the New York Senate and Assembly, and is now being reviewed by Gov. Kathy Hochul, Sopris said. But it’s not a done deal yet. This bill also passed in both houses in 2022, but the governor vetoed it because it required the state’s department of health to determine what products were covered and because it was not clear to retailers what products were covered, he said.