Gene therapy kits: advisory notice and labels.

Existing federal law establishes the United States Food and Drug Administration to, among other duties, promote the public health by taking appropriate action on the marketing of regulated drugs, devices, and biological products in a timely manner. Existing law governs various business practices in this state, including certain laws relating to health and safety, such as a prohibition against the use by a business establishment of polyethylene plastic bags large enough to fit over a child's head as a container for products, as specified. This bill, except as permitted by federal law, would prohibit a person from selling in this state a gene therapy kit, as defined, unless the seller includes a notice on the seller's internet website in a conspicuous location that is displayed to the consumer prior to the point of sale, and on a label on the package, in plain view and readily legible, stating that the kit is not for self-administration. The bill would also include legislative findings and declarations.