Introduced in Senate — S. 3797

119th CONGRESS

2d Session

S. 3797

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.