# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 2F. Phenibut Consumer Protection Act

#### Section 21-2F-03

(a) A retailer may not directly or indirectly advertise a therapeutic benefit of phenibut.

(b) A retailer may not directly or indirectly advertise or market phenibut products to minors.

(c) It is a violation of subsection (b) of this section for a retailer to use any of the following in the advertising, promotion, packaging, or labeling of a phenibut product:

  (1) A cartoon;

  (2) A superhero;

  (3) A video game reference;

  (4) An image of a food product primarily intended for minors;

  (5) A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to minors;

  (6) A symbol or celebrity that is primarily associated with minors or media primarily directed to minors;

  (7) An image of an individual who appears to be under the age of 27 years; and

  (8) Other images, graphics, or features or likenesses to images, graphics, or features that are popularly used to advertise to children, including:

    (i) Neon colors, signs, or other brightly colored displays;

    (ii) Animals;

    (iii) Mascots; or

    (iv) Statements, artwork, or designs that could reasonably mislead an individual to believe that the package contains anything other than a phenibut product.

(d) It is a violation of subsection (b) of this section for a retailer to advertise or promote a phenibut product:

  (1) In a newspaper, a magazine, a periodical, or any other publication for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence;

  (2) At a concert, a stadium, a sporting event, or any other public event for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence; or

  (3) By placing an advertisement for phenibut on the side of a building or another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard.

(e) A retailer that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)