Tianeptine., the official text

An act to add Chapter 16.7 (commencing with Section 109024) to Part 3 of Division 104 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

Existing law provides for the regulation of various chemicals, including chemicals contained in drugs, dietary supplements, and food products.
This bill would prohibit an entity, as defined, from manufacturing, distributing, or offering for sale in this state a product that contains tianeptine or that is marketed as containing tianeptine. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $2,500 for a first violation and not to exceed $5,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, or a county counsel. The bill would entitle a prevailing plaintiff to an award of reasonable attorney’s fees and costs.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 16.7 (commencing with Section 109024) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
16.7.
Tianeptine109024.
(a) (1) An entity shall not manufacture, distribute, or offer for sale in this state a product that contains tianeptine or that is marketed as containing tianeptine.
(2) Every product manufactured, distributed, or offered for sale in this state that contains tianeptine or that is marketed as containing tianeptine shall constitute a violation of this section.
(b) (1) Upon an action brought by the Attorney General, a city attorney, or a county counsel, an entity that violates subdivision (a) shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for a first violation, and not to exceed five thousand dollars ($5,000) for each subsequent violation.
(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.
(c) A prevailing plaintiff in an action brought pursuant to subdivision (b) shall be entitled to an award of reasonable attorney’s fees and costs.
(d) For purposes of this section, “entity” means a sole proprietorship, partnership, limited liability company, corporation, or other business entity.