Requires any synthetic hair product being offered for sale in the state that contains a carcinogen or a reproductive toxicant to provide a warning label displayed on the packaging or product itself that notifies the consumer at the time of the sale that the synthetic hair product contains such chemicals.
STATE OF NEW YORK
________________________________________________________________________
6908
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to labelling of
synthetic hair products that contain a carcinogen or a reproductive
toxicant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-x to read as follows:
3 § 391-x. Synthetic hair product labeling. 1. For purposes of this
4 section:
5 a. "Synthetic hair product" or "product" means a product produced
6 through the synthesis of artificial materials such as polyester, nylon,
7 acrylic, or cellulose to create fibers that undergo various chemical
8 processes to resemble human hair;
9 b. "Manufacturer" shall mean a person, firm, association, partnership
10 or corporation who manufactures the final synthetic hair product or
11 whose brand name is affixed to the product. In the case of a product
12 that was imported into the United States, "manufacturer" includes the
13 importer or first domestic distributor of the product if the entity who
14 currently manufactures or assembles the product or whose brand name is
15 affixed to the product does not have a presence in the United States;
16 c. "Chemical" shall mean a substance with a distinct molecular compo-
17 sition or a group of structurally related substances and includes the
18 breakdown products of the substance or substances that form through
19 decomposition, degradation or metabolism;
20 d. "Carcinogen" shall mean any chemical identified as:
21 (i) a "Group 1 carcinogen" or "Group 2A carcinogen" by the World
22 Health Organization or International Agency for Research on Cancer;
23 (ii) "known to be a human carcinogen" and "reasonably anticipated to
24 be a human carcinogen" by the Secretary of the United States Department
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10905-01-5
A. 6908 2
1 of Health and Human Services pursuant to the Public Health Service Act,
2 42 United States Code, Section 241(b)(4), as amended; and
3 (iii) "Group A carcinogens" or "Group B carcinogens" by the United
4 States Environmental Protection Agency; and
5 e. "Reproductive toxicant" is any chemical identified as a reproduc-
6 tive or a developmental toxicant by the United States Department of
7 Health and Human Services, National Toxicology Program, Center for the
8 Evaluation of Risks to Human Reproduction.
9 2. Any synthetic hair product being offered for sale in the state of
10 New York that contains a carcinogen or a reproductive toxicant shall
11 provide a clear and conspicuous warning label displayed on the packaging
12 or product itself, which shall be printed in type no less than size
13 twelve-point font, that notifies the consumer at the time of the sale
14 that such synthetic hair product contains such chemicals. The warning
15 label shall state:
16 (i) if a product contains a carcinogen: "This product contains a chem-
17 ical known to cause cancer";
18 (ii) if a synthetic hair product contains a reproductive toxicant:
19 "This product contains a chemical known to cause birth defects or other
20 reproductive harm"; or
21 (iii) if a synthetic hair product contains both a carcinogen and a
22 reproductive toxicant: "This product contains chemicals known to cause
23 cancer and birth defects or other reproductive harm".
24 3. Manufacturers shall be responsible for ensuring that all synthetic
25 hair product display the warning label as required by subdivision two of
26 this section.
27 4. Whenever there shall be a violation of this section, an application
28 may be made by the attorney general in the name of the people of the
29 state of New York to a court or justice having jurisdiction by a special
30 proceeding to issue an injunction, and upon notice to the defendant of
31 not less than five days, to enjoin and restrain the continuance of such
32 violation; and if it shall appear to the satisfaction of the court or
33 justice that the defendant has, in fact, violated this section, an
34 injunction may be issued by such court or justice, enjoining and
35 restraining any further violation, without requiring proof that any
36 person has, in fact, been injured or damaged thereby. Whenever the
37 court shall determine that a violation of this section has occurred, the
38 court may impose a civil penalty up to two hundred fifty dollars per
39 unit for the first offense and up to five hundred dollars per unit for
40 each subsequent offense. In connection with any such proposed applica-
41 tion, the attorney general is authorized to take proof and make a deter-
42 mination of the relevant facts and to issue subpoenas in accordance with
43 the civil practice law and rules.
44 § 2. This act shall take effect eighteen months after it shall have
45 become a law. Effective immediately, the addition, amendment and/or
46 repeal of any rule or regulation necessary for the implementation of
47 this act on its effective date are authorized to be made and completed
48 on or before such effective date.
