assembly Bill A10635
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Prohibits the return of underwear.
- Legislative Cycle:
- Law Section:
- General Business Law
- Laws Affected:
- Add §390-d, Gen Bus L
TITLE OF BILL: An act to amend the general business law, in relation to
prohibiting the return of underwear
PURPOSE OR GENERAL IDEA OF BILL: To prevent the resale of underwear that
has been returned to a store unless such underwear is in its sealed
unopened original package.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. The general business law is
amended by adding a new section 390-d. Prohibition on the return of
1. "Underwear" means an article of clothing worn or intended to be worn
by individuals on the lower body next to the skin and is known by common
parlance as underwear or undergarments.
2. No individual, partnership, corporation, association or other form of
business shall accept any underwear for return, unless such underwear is
in its sealed unopened original package.
3. Whenever there is a violation of this section an application may be
made by the attorney general in the name of the people of the state of
New York to a court of justice having jurisdiction by a special proceed-
ing to issue an injunction, and upon notice to the defendant of not less
than five days, to enjoin and restrain the continuance of such
violations; and it shall appear to the satisfaction of the court of
justice that the defendant has, in fact, violated this section, an
injunction may be issued by the court of justice, enjoining and
restraining any further violations, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct restitu-
tion. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than one thousand dollars for each violation. Each sale of returned
underwear in violation of this section shall constitute a separate
violation. In connection with any such proposed application, the attor-
ney general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules.
Section 2. This act shall take effect immediately.
JUSTIFICATION: A recent undercover investigation by Jeff Rossen or
WNBC-News has revealed a common trend among employees of high end
department stores such as Victoria Secrets, Gap, Macy's and Blooming-
dales in relation to returned underwear. Employees have put underwear
that has been returned to the store back on their racks for resale.
WNBC-News investigators purchased underwear, marked and stained them and
returned them to the store only to find the underwear back on the racks,
in some cases this happened immediately following the return of the
item. A former sales employee told investigators that some retailers use
a process for refreshing underwear that has an odor before returning it
to the racks for resale. A doctor interviewed during the investigation
spoke of health implications. Bacteria and fecal matter can live on
fabric for weeks and disease can be inadvertently transmitted. This is
dangerous to the health of all consumers.
PRIOR LEGISLATIVE HISTORY: New
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
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