As of April 22nd, 2024, the sale of weight loss and muscle-building supplements to minors under the age of 18 has been banned in New York State. Both online and brick-and-mortar retailers must now verify the age of their customers to ensure that sales to minors are not made. This new regulation affects a wide range of products, including weight loss supplements and New York creatine products.
The bill specifically states that an online seller:
“SHALL NOT SELL, DELIVER, OR CAUSE TO BE DELIVERED ANY OVER-THE-COUNTER DIET PILLS OR DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING TO A PERSON UNDER EIGHTEEN YEARS OF AGE.”
Additionally, the law requires sellers to ensure that:
“SHALL USE A METHOD OF MAILING OR SHIPPING:(I) THAT REQUIRES THE PURCHASER PLACING THE DELIVERY SALE ORDER, OR AN ADULT WHO IS AT LEAST EIGHTEEN YEARS OF AGE, TO SIGN TO ACCEPT DELIVERY OF THE SHIPPING CONTAINER AT THE DELIVERY ADDRESS; AND(II) THAT REQUIRES THE PERSON WHO SIGNS TO ACCEPT DELIVERY OF THE SHIPPING CONTAINER TO PROVIDE PROOF, IN THE FORM OF A VALID, GOVERNMENT-ISSUED IDENTIFICATION BEARING A PHOTOGRAPH OF THE INDIVIDUAL, THAT THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE.”
This creates a dual verification requirement: at the point of sale and at the point of delivery. Retailers must ensure compliance with both steps to avoid violations. For example, if someone under the age of 18 purchases the product but has it delivered to someone over the age of 18, it would be a violation. Moreover, if a user under the age of 18 purchases supplements like New York creatine and then fails the delivery verification, this would also be a violation.
This dual verification process can be challenging for retailers. To navigate this, legal experts recommend using an age verification solution such as BlueCheck’s Shopify app at the point of sale. According to legal experts, “there is ambiguity because the law also restricts the ‘sale’ of supplements to persons under eighteen, online retailers should consider incorporating an age verification requirement at the time of purchase.”
Integrating an age verification solution on Shopify helps prevent unnecessary expenses and headaches when an order fails the delivery-based verification. If a user under the age of 18 purchases supplements like New York creatine and fails the delivery verification, the retailer would have to handle refunding, restocking, and losing the expensive shipping costs. Additionally, while carriers promise signature and age verification on delivery, this is not always carried out, putting retailers at risk for illegal sales even when using approved shipping methods.
With BlueCheck, you can be sure that the person the product is being shipped to is over 18. Even if there is a failure to verify on delivery by the carrier, there is no risk of an underage sale. BlueCheck uses product tags to determine which products need verification and offers region-based verification rules. This means that only the products you want to be verified, such as New York creatine and other supplements, will be verified and only when they are being shipped to specific states that require verification.
Integrating BlueCheck’s age verification solution on Shopify is straightforward and ensures compliance with New York's new supplement sales law. This solution helps protect your business from legal risks and potential fines associated with non-compliance.
Using BlueCheck’s age verification solution at the point of sale offers several benefits:
To integrate BlueCheck’s age verification solution on your Shopify store, follow these simple steps:
By taking these steps, you can ensure that your e-commerce store is compliant with New York’s new age verification requirements for supplements and creatine.
Ensuring compliance with New York's new law on supplement sales is crucial for retailers. By integrating BlueCheck’s age verification solution on Shopify, you can protect your business, save on costs, and ensure that sales of New York supplements and New York creatine are conducted legally. Start using BlueCheck today to streamline your age verification process and stay compliant with the latest regulations.
For more information and to install the BlueCheck app, visit the Shopify App Store.