Bill Text: NY S08385 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires sunscreen products to be labeled with expiration dates; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - REFERRED TO CONSUMER PROTECTION [S08385 Detail]
Download: New_York-2021-S08385-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8385 IN SENATE February 18, 2022 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring sunscreen products to be labeled with a best if used before date; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Ellen Weisenberg memorial act". 3 § 2. The general business law is amended by adding a new section 399- 4 jj to read as follows: 5 § 399-jj. Date labeling of sunscreen products. 1. It shall be unlawful 6 for any person, firm, corporation, partnership, limited liability corpo- 7 ration, or other entity to manufacture, for sale, resale, or distrib- 8 ution in this state, sunscreen which does not contain a label indicating 9 a date on which the product is best if used before. The date required by 10 this section shall be labeled by month and year. 11 2. No person, firm, corporation, partnership, limited liability corpo- 12 ration, or other entity shall sell sunscreen which it knows does not 13 contain the labeling information required by subdivision one of this 14 section. 15 3. For purposes of this section, sunscreen shall mean a topical, non- 16 dosage product intended for use strictly as a human OTC drug product, 17 and not also a cosmetic product, and labeled with the term "SPF" and 18 labeled solely for use in sunburn protection, and containing at least 19 one active ingredient listed in 21 C.F.R. 352.10 that absorbs, reflects 20 or scatters radiation. For purposes of this section "sunscreen" shall 21 not include products in which available empirical testing demonstrates 22 that the sunscreen product maintains its integrity and effectiveness for 23 a period of at least three years. 24 4. Whenever there shall be a violation of this section, an application 25 may be made by the attorney general in the name of the people of the 26 state of New York to a court or justice having jurisdiction by a special 27 proceeding to issue an injunction, and upon notice to the defendant of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14763-02-2S. 8385 2 1 not less than five days, to enjoin or restrain the continuance of such 2 violation; and if it shall appear to the satisfaction of the court or 3 justice that the defendant has, in fact, violated this section, an 4 injunction may be issued by such court or justice, enjoining and 5 restraining any further violation, without requiring proof that any 6 person has, in fact, been injured or damaged thereby. In any such 7 proceeding, the court may make allowances to the attorney general as 8 provided in paragraph six of subdivision (a) of section eighty-three 9 hundred three of the civil practice law and rules, and direct restitu- 10 tion. Whenever the court shall determine that a violation of this 11 section has occurred, the court may impose a civil penalty of not more 12 than two hundred fifty dollars for each such violation. In connection 13 with any such proposed application, the attorney general is authorized 14 to take proof and make a determination of the relevant facts and to 15 issue subpoenas in accordance with the civil practice law and rules. 16 Any monetary penalties that are secured by the state shall be utilized 17 by the department of health for sunscreen education programs. 18 § 3. This act shall take effect two years after it shall have become a 19 law; provided that it shall be repealed upon the adoption by the United 20 States Food and Drug Administration of a final OTC drug monograph for 21 sunscreen products; provided that the commissioner of health shall noti- 22 fy the legislative bill drafting commission upon the occurrence of the 23 adoption of a final OTC drug monograph for sunscreen products provided 24 for in this act in order that the commission may maintain an accurate 25 and timely effective data base of the official text of the laws of the 26 state of New York in furtherance of effectuating the provisions of 27 section 44 of the legislative law and section 70-b of the public offi- 28 cers law.
