An age restriction New York is imposing on sales of consumer health products marketed for weight loss and bodybuilding could be compared to the same restriction it and 20 other states have for sales of OTC drugs containing dextromethorphan.
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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