NY State Senate Bill 2009-S3463

Senate Bill S3463

2009-2010 Legislative Session

Requires sunscreen products to be labeled with best if used before dates and storage recommendations

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Mar 19, 2009	referred to consumer protection

co-Sponsors

2009-S3463 (ACTIVE) - Details

See Assembly Version of this Bill:: A6367
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4354, A4435
2013-2014: S5645, S6403, A2727

2009-S3463 (ACTIVE) - Summary

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.

2009-S3463 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3463

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would require sunscreen products to be labeled with
expiration dates and storage recommendations.

 SUMMARY OF SPECIFIC PROVISIONS :
The General Business Law is amended by adding a new section 399-i.

 JUSTIFICATION :
According to the American Cancer Society over 800,000 new skin cancer
cases of highly curable basal cell or squamous cell cancers are
diagnosed per year. More than a million new cases of skin cancer
diagnosed in 2002 make it the most common form of cancer in the United
States. The number of melanomas diagnosed in the United States is
increasing; since 1973, the incidence rate of melanoma has more than
doubled. Skin care prevention involves addressing personal behavior
and individual choices. According to the American Cancer Society the
best way to prevent skin cancer are as follows: "The sun's ultraviolet
rays are the strongest between 10 a.m. and 3 p.m., exposure at these

times should be avoided, and protective clothing should be worn.
SUNSCREENS SHOULD BE USED. These come in various strengths, ranging
from those facilitating gradual tanning to those that allow
practically no tanning. A recent study revealed that only a third of
the young people questioned used sunscreen routinely during the
previous summer. Half of those who reported multiple sunburns claimed
it was worthwhile in order to get a tan. BECAUSE OF THE POSSIBLE LINK
BETWEEN SEVERE SUNBURNS IN CHILDHOOD AND GREATLY INCREASED RISK OF
MELANOMA IN LATER LIFE, CHILDREN, IN PARTICULAR, SHOULD BE PROTECTED
FROM THE SUN."

Sunscreen products have an effectiveness life of three to five years.
In light of how important these products are in combating skin cancer,
it is appropriate that the consumer know that sunscreen is not
protective against the sun's rays after a certain point. A clear and
conspicuous label indicating the date after which a sunscreen product
is no longer viable or effective is necessary to alert the consumer to
added risks of sun exposure they may encounter and a clear label
providing information regarding storage will aid the customer in
ensuring that the products they have purchased will retain their
effectiveness. More than 53 million children spend a substantial
portion of their lives in school, and some of that time is spent
outdoors in the sun. These labels are especially important with
children's sunscreen, young people tend to be more severely burned and
are in greater danger than adults.

 LEGISLATIVE HISTORY :
S.4720 of 2007 - Referred to Consumer protection
S.5475A of 2005 - Referred to Consumer protection
S.6448 of 2003 - Referred to Consumer Protection

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall have become
a law.

2009-S3463 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3463

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             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:

  Section 1. The general business law is amended by adding a new section
399-i to read as follows:
  S  399-I. DATE AND STORAGE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL
BE UNLAWFUL FOR ANY  PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE,
OR  DISTRIBUTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A CLEAR
AND CONSPICUOUS LABEL INDICATING A DATE ON WHICH THE PRODUCT IS BEST  IF
USED BEFORE. THE DATE REQUIRED BY THIS SECTION SHALL BE LABELED BY MONTH
AND YEAR.
  2.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, LIMITED LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR
SALE, RESALE, OR DISTRIBUTION IN THIS STATE, SUNSCREEN  WHICH  DOES  NOT
CONTAIN  A  CLEAR  AND CONSPICUOUS LABEL PROVIDING INFORMATION REGARDING
THE RECOMMENDED STORAGE OF SUCH SUNSCREEN PRODUCT.
  3. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH  IT  KNOWS  DOES  NOT
CONTAIN THE LABELING INFORMATION REQUIRED BY SUBDIVISIONS ONE AND TWO OF
THIS SECTION.
  4.  FOR  PURPOSES  OF  THIS  SECTION, SUNSCREEN SHALL MEAN SUNBLOCK OR
SIMILAR LOTION OR TOPICAL PREPARATION MANUFACTURED AND SOLD FOR THE SOLE
PURPOSE OF PROTECTING THE SKIN FROM SOLAR AND  ULTRAVIOLET  LIGHT  EXPO-
SURE.
  5.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
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

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 OR RESTRAIN THE CONTIN-
UANCE  OF  SUCH VIOLATION; 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 SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, 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 TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (B)  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE. IN SUCH ACTION, SUCH PERSON MAY
RECOVER HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEV-
ER  IS  GREATER.  THE  COURT  MAY, IN ITS DISCRETION INCREASE THE DAMAGE
AWARD TO AN AMOUNT NOT TO EXCEED ONE THOUSAND  DOLLARS.  THE  COURT  MAY
AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S3463

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Sponsored By

Craig M. Johnson