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S08598 Summary:

BILL NOS08598
 
SAME ASNo Same As
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Add §391-y, Gen Bus L
 
Prohibits the sale of certain anti-aging skin care products to individuals under the age of 18; requires that retailers perform age verification prior to selling such products; establishes penalties for violating such provisions.
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S08598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8598
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    December 3, 2025
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of certain anti-aging skin care products to individuals under the
          age of 18

          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    c. "Age verification" shall mean a reasonable method of verifying that
    24  a purchaser is eighteen years of age or older, which may  include  exam-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14157-02-5

        S. 8598                             2
 
     1  ination of a valid government-issued identification, use of an electron-
     2  ic age verification system, or other methods.
     3    2.  a.  No retailer shall sell, furnish, or cause to be sold any anti-
     4  aging skin care product to any individual under  the  age  of  eighteen.
     5  Retailers  shall  not  sell  anti-aging  skin  care  products unless the
     6  retailer has conducted age verification of the purchaser  and  such  age
     7  verification  confirms  that the purchaser is at least eighteen years of
     8  age. Retailers that sell anti-aging  skin  care  products  online  shall
     9  implement  an  age  verification  mechanism which shall confirm that the
    10  purchaser is at least eighteen years old prior to completing the sale of
    11  such products and which shall prohibit such sale if the age verification
    12  is not completed or does not show that the purchaser is at  least  eigh-
    13  teen years of age.
    14    b.  Retailers  shall post a clear and conspicuous sign at the point of
    15  sale and online retailers shall display a clear and  conspicuous  notice
    16  on  the  product  page  stating:  "SALE  OF CERTAIN ANTI-AGING SKIN CARE
    17  PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED UNDER  NEW  YORK
    18  STATE LAW".
    19    3.  Any retailer that violates the provisions of this section shall be
    20  subject to a civil penalty of up to two hundred fifty  dollars  for  the
    21  first  violation  and  up  to  five  hundred dollars for each subsequent
    22  violation.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law. Effective immediately, the addition,  amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation  of  this act on its effective date are authorized to be made and
    27  completed on or before such effective date.
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