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S08598 Summary:

BILL NOS08598A
 
SAME ASSAME AS A10829
 
SPONSORRAMOS
 
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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S08598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8598--A
 
                               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  --  recommitted  to
          the Committee on Consumer Protection in accordance with Senate Rule 6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14157-03-6

        S. 8598--A                          2
 
     1    2.  a.  No  retailer  shall sell or offer for sale any anti-aging skin
     2  care product in this  state  unless  such  product  bears  a  clear  and
     3  conspicuous  warning label. Such warning label shall appear on the prod-
     4  uct packaging and, for online sales, on the product display page  before
     5  purchase.
     6    b. The warning label required pursuant to paragraph a of this subdivi-
     7  sion  shall  state: "WARNING: This product contains ingredients that may
     8  cause skin irritation,  increased  sun  sensitivity,  or  other  adverse
     9  reactions,  particularly in individuals under 18 years of age. Consult a
    10  healthcare professional before use."
    11    c. The warning label shall be printed in a font size and style that is
    12  clearly legible and placed in a location  reasonably  calculated  to  be
    13  seen  and  understood by consumers under ordinary conditions of purchase
    14  and use.
    15    3. Any retailer that violates the provisions of this section shall  be
    16  subject  to  a  civil penalty of up to two hundred fifty dollars for the
    17  first violation and up to  five  hundred  dollars  for  each  subsequent
    18  violation.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it  shall have become a law. Effective immediately, the addition, amend-
    21  ment and/or repeal of any rule or regulation necessary for the implemen-
    22  tation of this act on its effective date are authorized to be  made  and
    23  completed on or before such effective date.
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