II
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.
Short title
This Act may be cited as the Prohibiting Tianeptine and Other Dangerous Products Act of 2026
.
New prohibited acts relating to dietary supplements
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:
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).
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.
.
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
.
New seizure authorities
Section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended—
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
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
.