Requires sunscreen products to be labeled with expiration dates and storage recommendations; 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; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.
STATE OF NEW YORK
________________________________________________________________________
3463
2009-2010 Regular Sessions
IN SENATE
March 19, 2009
___________
Introduced by Sen. C. JOHNSON -- 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
storage recommendations
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
2 399-i to read as follows:
3 § 399-i. Date and storage labeling of sunscreen products. 1. It shall
4 be unlawful for any person, firm, corporation, partnership, limited
5 liability corporation, or other entity to manufacture, for sale, resale,
6 or distribution in this state, sunscreen which does not contain a clear
7 and conspicuous label indicating a date on which the product is best if
8 used before. The date required by this section shall be labeled by month
9 and year.
10 2. It shall be unlawful for any person, firm, corporation, partner-
11 ship, limited liability corporation, or other entity to manufacture, for
12 sale, resale, or distribution in this state, sunscreen which does not
13 contain a clear and conspicuous label providing information regarding
14 the recommended storage of such sunscreen product.
15 3. No person, firm, corporation, partnership, limited liability corpo-
16 ration, or other entity shall sell sunscreen which it knows does not
17 contain the labeling information required by subdivisions one and two of
18 this section.
19 4. For purposes of this section, sunscreen shall mean sunblock or
20 similar lotion or topical preparation manufactured and sold for the sole
21 purpose of protecting the skin from solar and ultraviolet light expo-
22 sure.
23 5. (a) Whenever there shall be a violation of this section, an appli-
24 cation may be made by the attorney general in the name of the people of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00906-02-9
S. 3463 2
1 the state of New York to a court or justice having jurisdiction by a
2 special proceeding to issue an injunction, and upon notice to the
3 defendant of not less than five days, to enjoin or restrain the contin-
4 uance of such violation; and if it shall appear to the satisfaction of
5 the court or justice that the defendant has, in fact, violated this
6 section, an injunction may be issued by such court or justice, enjoining
7 and restraining any further violation, without requiring proof that any
8 person has, in fact, been injured or damaged thereby. In any such
9 proceeding, the court may make allowances to the attorney general as
10 provided in paragraph six of subdivision (a) of section eighty-three
11 hundred three of the civil practice law and rules, and direct restitu-
12 tion. Whenever the court shall determine that a violation of this
13 section has occurred, the court may impose a civil penalty of not more
14 than two hundred fifty dollars for each such violation. In connection
15 with any such proposed application, the attorney general is authorized
16 to take proof and make a determination of the relevant facts and to
17 issue subpoenas in accordance with the civil practice law and rules.
18 (b) In addition to the authority granted to the attorney general
19 pursuant to this section, any person who has been injured by reason of
20 any violation of this section may bring an action in his or her own name
21 to enjoin such unlawful act or practice. In such action, such person may
22 recover his or her actual damages or two hundred fifty dollars, whichev-
23 er is greater. The court may, in its discretion increase the damage
24 award to an amount not to exceed one thousand dollars. The court may
25 award reasonable attorneys' fees to a prevailing plaintiff.
26 § 2. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
