Tianeptine.

The prohibition now applies only to 'an entity' rather than 'a person or entity,' meaning individual (non-business) actors are no longer directly targeted by the ban.

Prohibited activities were narrowed from 'manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce' to just 'manufacture, distribute, or offer for sale.'

The prohibition now also covers products that are 'marketed as containing tianeptine,' even if they do not actually contain the substance.

A new subdivision (d) defines 'entity' as a sole proprietorship, partnership, limited liability company, corporation, or other business entity.

Civil penalties were reduced: first violation lowered from $5,000 to $2,500, and each subsequent violation lowered from $10,000 to $5,000.

District attorneys were removed from the list of officials who can bring enforcement actions. Only the Attorney General, a city attorney, or a county counsel may now bring suit.

The entire provision adding tianeptine to Schedule I of the California Uniform Controlled Substances Act (Section 11054) was removed. Tianeptine will no longer be a criminal controlled substance under this bill; only the civil prohibition in new Chapter 16.7 remains.

The list of prohibited activities was narrowed from 'manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce' to 'distribute, or offer for sale in this state.' This removes manufacturing, selling, delivering, and holding from the explicit prohibition and changes the geographic scope from interstate commerce to within California.

Civil penalties were reduced by half: first violation penalty dropped from $5,000 to $2,500, and subsequent violation penalty dropped from $10,000 to $5,000.

A new subdivision (c) was added entitling a prevailing plaintiff in a civil action under this section to an award of reasonable attorney's fees and costs.

A new strict liability provision (subdivision (a)(2)) was added stating that every product manufactured, distributed, or offered for sale in this state containing tianeptine shall constitute a violation, regardless of intent.

The reimbursement section (former Section 2) was removed because the bill no longer creates a new crime, so the state-mandated local program designation changed from 'yes' to 'no.'

New Section 109024 (Chapter 16.7) added to the Health and Safety Code prohibiting any person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale in commerce a product that contains tianeptine.

Civil penalty of up to $5,000 for a first violation and up to $10,000 for each subsequent violation, enforceable by the Attorney General, a city attorney, a county counsel, or a district attorney.

New provision clarifies that the civil remedies are cumulative with any other rights, causes of action, claims, or defenses available under other law.

Bill scope expanded from solely adding tianeptine to Schedule I (criminal classification) to also include a standalone civil prohibition on products containing tianeptine, broadening enforcement options beyond criminal prosecution.