Supplement laws in West Virginia
We found no West Virginia law restricting the sale or shipping of diet and muscle-building supplements, tianeptine, phenibut and caffeine powder. Federal rules still apply.
What we searched
- https://code.wvlegislature.gov/60A-2-204/ (Schedule I)
- https://code.wvlegislature.gov/60A-2-206/ (Schedule II)
- NC General Assembly staff 50-state tianeptine overview (current as of 3/11/2024) https://webservices.ncleg.gov/ViewDocSiteFile/84838 (discovery only)
No tianeptine/phenibut/DMAA/DMHA/caffeine/kava restriction or minor weight-loss supplement law found in the schedules searched. Federal rules (US.json) still apply: ephedra, DMAA/DMHA, tianeptine, phenibut, bulk pure caffeine.
Federal
Applies nationwide.
BannedDo not sell or ship dietary supplements containing ephedra / ephedrine alkaloids anywhere in the US: FDA deems them adulterated.
21 C.F.R. § 119.1 · draft
Exact text
§ 119.1 Dietary supplements containing ephedrine alkaloids. Dietary supplements containing ephedrine alkaloids present an unreasonable risk of illness or injury under conditions of use recommended or suggested in the labeling, or if no conditions of use are recommended or suggested in the labeling, under ordinary conditions of use. Therefore, dietary supplements containing ephedrine alkaloids are adulterated under section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act.
BannedDo not sell or ship supplements containing DMAA (1,3-dimethylamylamine, "geranium extract") or DMHA (octodrine, 2-aminoisoheptane) anywhere in the US: FDA treats them as adulterated/illegal.
Exact text
DMAA (1,3-dimethylamylamine) is an amphetamine derivative that has been marketed in sports performance and weight loss products, many of which are sold as dietary supplements. DMAA is not a dietary ingredient, and DMAA-containing products marketed as dietary supplements are illegal and their marketing violates the law. ... In 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court ruling, finding that DMAA is not a dietary ingredient and is not generally recognized as safe, and condemning and forfeiting the seized articles containing DMAA.
BannedDo not sell or ship tianeptine products ("Tianaa", "Zaza", "Pegasus", "Neptune's Fix") anywhere in the US: FDA deems tianeptine supplements adulterated, and many states schedule it as a controlled substance.
Exact text
FDA considers tianeptine to be a substance that does not meet the statutory definition of a dietary ingredient and is an unsafe food additive. ... Because tianeptine does not qualify as a dietary ingredient, is not an approved food additive, is not GRAS, and does not meet any of the other listed exceptions to the dietary supplement definition, it is an unsafe food additive, and dietary supplements containing tianeptine are adulterated under the FD&C Act.
BannedDo not sell or ship phenibut (beta-phenyl-GABA) products marketed for human consumption anywhere in the US: FDA treats phenibut as an unsafe food additive / not a dietary ingredient.
Exact text
Phenibut is a substance that does not meet the statutory definition of a dietary ingredient. ... The products distributed by Chill6 allegedly contain, among other things, Phenibut HCl, which does not meet the statutory definition of a dietary ingredient and is an unsafe food additive.
BannedDo not sell bulk pure or highly concentrated caffeine (powder or liquid) as a dietary supplement to consumers: FDA considers such products adulterated.
Exact text
Products consisting of or containing only pure or highly concentrated caffeine have been linked to at least two deaths in the United States in the last few years, and continue to present a significant public health threat. Many products that consist of only or primarily pure or highly concentrated caffeine are sold as dietary supplements. FDA considers some such products to be adulterated under section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 342(f)(1)(A)], because they are dietary supplements that present a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in the labeling or, if no conditions for use are suggested or recommended, under ordinary conditions of use.