In late January, Reps. Doris Matsui (D-CA) and Bill Johnson (R-OH) re-introduced the DXM Abuse Prevention Act of 2019 (now H.R. 863)—the same legislation that NACS has been forced to oppose in the past.

The legislators are attempting to curb the abuse of cough medicines containing the active ingredient Dextromethorphan—commonly referred to as DXM—which, if consumed in high enough doses, can give users a high. Their solution is to require that sales of cough medicine containing DXM be restricted to consumers over the age of 18. NACS supports that effort and the consideration behind it. Unfortunately, at this time, we are still unable to support the legislation because it creates potential legal jeopardy for retailers.

H.R. 863 requires that retailers ensure that clerks are not selling products containing DXM to those under 18. Our problem lies in the fact that it lacks any obvious mechanism for retail clerks to know if a particular cough medicine contains DXM or not—not all do. The lack of clear and conspicuous markings on packaging could create some legal jeopardy for retailers and their employees depending on how the Food and Drug Administration implements the legislation.

NACS Government Relations staff are working proactively with staffers for both Matsui and Johnson to try and find a solution to this problem.