Venders who sell herbal Viagra would face stiff penalties should Peralta's legislation become law

Oct. 19, 2015 By Michael Florio

State Senator Jose Peralta has introduced legislation that, if passed, would punish shops that sell “herbal Viagra”.

Peralta’s legislation would look to ban the supplements, which are marketed for the purpose of enhanced sexual performance and curing erectile dysfunction and are not regulated by the Food and Drug Administration (FDA).

Under the proposal, businesses that sell the product would face a $2,000 fine for the first offense, $5,000 for the second offense and for a third offense they would lose their licenses to sell alcohol, cigarettes and lottery tickets.

Local law enforcement agencies would have the right to issue these fines and the Division of Consumer Protection would be informed of each violation.

The legislation comes just days after former NBA player and Queens native, Lamar Odom, was found unconscious in a Nevada brothel. Reports indicate that Odom had taken up to 10 doses of “herbal Viagra” as well as other drugs.

“His case uncovered a sleeping epidemic,” Peralta said.

Peralta said the FDA continuously warns against using these products, as they are not regulated and it is unclear just what ingredients are in them.

He said the FDA tested these products and found that one contained an anti-depressant that is not approved for use in the United States.

“This is just plain wrong,” he said. “Consumers should always have the right to know what they are ingesting into their bodies.”

In March and April, the FDA issued warnings on 25 of these Viagra-type herbal products, warning that they contained hidden drug ingredients that did not appear on the label, according to Peralta.

Despite this, he said these products have a growing market and can now be purchased at many bodegas and gas stations, as well as online. Some common brand names are Reload, Herb Viagra, King of Romance and FX3000.

“I am not here to ruin a party or to spoil anyone’s fun,” said Senator Peralta. “But, in a vast majority of cases, the true contents of these products are unknown to consumers, making their use very unsafe. The inherent danger is real.”

Along with the fines, Peralta’s legislation will look to ban any online sales to New York residents.

Peralta also said he urges the State Department of Health and the State Division of Consumer Protection to create a database of dangerous substances that are being marketed for increased sexual performance or erectile dysfunction.

“This database would be a useful tool for enforcement and put shop owners on notice,” he said.

He believes this database could prevent a black market for the product.

The legislation will be officially introduced in session in January and Peralta is hopeful that there will be a companion bill in the Assembly and that it will pass both chambers by June. If it passes the Governor would then have to sign it into law for the ban to become official, Peralta said.

“We have a pretty good shot at making it a reality by the end of June,” he said.