BILL NUMBER:A10635
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
underwear.
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
S T A T E O F N E W Y O R K
________________________________________________________________________
10635
I N A S S E M B L Y
April 13, 2010
___________
Introduced by M. of A. MARKEY -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
return of underwear
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
390-d to read as follows:
S 390-D. PROHIBITION ON THE RETURN OF UNDERWEAR. 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 SHALL BE 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 OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING 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 IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
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.
S 2. This act shall take effect immediately.
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