[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3797 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3797

  To amend the Federal Food, Drug, and Cosmetic Act to establish new 
            prohibited acts relating to dietary supplements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2026

 Mr. Durbin (for himself and Mr. Blumenthal) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to establish new 
            prohibited acts relating to dietary supplements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibiting Tianeptine and Other 
Dangerous Products Act of 2026''.

SEC. 2. NEW PROHIBITED ACTS RELATING TO DIETARY SUPPLEMENTS.

    (a) In General.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(jjj) The introduction or delivery for introduction into 
interstate commerce of any product marketed as a dietary supplement 
that does not meet the definition of a dietary supplement under section 
201(ff).
    ``(kkk) The introduction or delivery for introduction into 
interstate commerce of a dietary supplement that has been prepared, 
packed, or held using the assistance of, or at the direction of, a 
person debarred under section 306.''.
    (b) New Import Exclusion.--Section 801(a) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended in paragraph (3) 
of the third sentence, by striking ``section 301(ll)'' and inserting 
``paragraph (ll), (jjj), or (kkk) of section 301''.
    (c) New Seizure Authorities.--Section 304 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 334) is amended--
            (1) in subsection (a)(1), in the first sentence, by 
        striking ``section section 301(ll), 404, or 505'' and inserting 
        ``paragraph (ll), (jjj), or (kkk) of section 301, section 404, 
        or section 505''; and
            (2) in subsection (d)(1), in the first sentence, by 
        inserting ``, or product in violation of paragraph (jjj) or 
        (kkk) of section 301,'' after ``condemned under this section''.
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