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A10829 Summary:

BILL NOA10829
 
SAME ASSAME AS S08598-A
 
SPONSORLee
 
COSPNSR
 
MLTSPNSR
 
Add §391-y, Gen Bus L
 
Requires certain anti-aging skin care products to contain a warning label; sets forth requirements for the language, size, and placement of such warning label; establishes penalties for violating such provisions.
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A10829 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10829
 
                   IN ASSEMBLY
 
                                      April 1, 2026
                                       ___________
 
        Introduced by M. of A. LEE -- read once and referred to the Committee on
          Consumer Affairs and Protection
 
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          certain anti-aging skin care products to contain a warning label
 
          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-y to read as follows:
     3    § 391-y. Sale of anti-aging skin care products. 1. For the purposes of
     4  this section:
     5    a.  "Anti-aging  skin  care  product"  shall mean any over-the-counter
     6  cosmetic or skin care product that  contains  as  an  active  or  inten-
     7  tionally added ingredient:
     8    (i)  vitamin  A or any vitamin A derivative, including but not limited
     9  to retinoids, retinol, or retinyl esters;
    10    (ii) an alpha hydroxy acid, including  but  not  limited  to  glycolic
    11  acid, lactic acid, citric acid or similar compounds used for exfoliation
    12  or anti-aging purposes;
    13    (iii) salicylic acid;
    14    (iv) DMDM hydantoin;
    15    (v) quaternium-15;
    16    (vi) oxybenzone;
    17    (vii) octinoxate; or
    18    (viii) talc.
    19    b.  "Retailer"  shall mean any person, firm, association, partnership,
    20  limited  liability  company,  or  corporation  that   sells,   produces,
    21  prepares,  formulates, or compounds a personal care product or products,
    22  or whose brand name is affixed to such product or products.
    23    2. a. No retailer shall sell or offer for  sale  any  anti-aging  skin
    24  care  product  in  this  state  unless  such  product  bears a clear and
    25  conspicuous warning label. Such warning label shall appear on the  prod-
    26  uct  packaging and, for online sales, on the product display page before
    27  purchase.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14157-04-6

        A. 10829                            2
 
     1    b. The warning label required pursuant to paragraph a of this subdivi-
     2  sion shall state: "WARNING: This product contains ingredients  that  may
     3  cause  skin  irritation,  increased  sun  sensitivity,  or other adverse
     4  reactions, particularly in individuals under 18 years of age. Consult  a
     5  healthcare professional before use."
     6    c. The warning label shall be printed in a font size and style that is
     7  clearly  legible  and  placed  in a location reasonably calculated to be
     8  seen and understood by consumers under ordinary conditions  of  purchase
     9  and use.
    10    3.  Any retailer that violates the provisions of this section shall be
    11  subject to a civil penalty of up to two hundred fifty  dollars  for  the
    12  first  violation  and  up  to  five  hundred dollars for each subsequent
    13  violation.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law. Effective immediately, the addition,  amend-
    16  ment and/or repeal of any rule or regulation necessary for the implemen-
    17  tation  of  this act on its effective date are authorized to be made and
    18  completed on or before such effective date.
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