S T A T E O F N E W Y O R K
________________________________________________________________________
7232
2011-2012 Regular Sessions
I N A S S E M B L Y
April 19, 2011
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Introduced by M. of A. PHEFFER, ABBATE -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring a
warning to be printed on baby-bottle and sippy cup packaging concern-
ing tooth decay
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
391-r to read as follows:
S 391-R. BABY-BOTTLES AND SIPPY CUPS; LABEL REQUIRED. 1. DEFINITIONS.
AS USED IN THIS SECTION, THE TERM:
A. "SIPPY CUP" SHALL MEAN A VESSEL WITH A DUCK-BILLED LID, BILL-SHAPED
EXTENSION OR BILL-SHAPED SPOUT PRIMARILY INTENDED FOR USE BY CHILDREN
UNDER FIVE YEARS OF AGE;
B. "PACKAGING" SHALL MEAN ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT
IS USED TO CONTAIN OR HOLD AN INDIVIDUAL OR GROUP OF BABY-BOTTLES AND/OR
SIPPY CUPS WHEN SOLD TO CONSUMERS. PACKAGING SHALL NOT INCLUDE THE
CONTAINER, ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD AN INDIVID-
UAL OR GROUP OF BABY-BOTTLES AND/OR SIPPY CUPS WHEN SUCH ARE SHIPPED TO
THE MERCHANT OR RETAILER.
2. A. EVERY MANUFACTURER OR IMPORTER OF BABY-BOTTLES AND/OR SIPPY CUPS
SOLD OR DISTRIBUTED IN NEW YORK STATE SHALL CLEARLY AND CONSPICUOUSLY
LABEL SUCH PRODUCT, OR ITS PACKAGING IN LIKE OR SIMILAR TERMS TO THE
FOLLOWING:
"WARNING: ALLOWING YOUR CHILD TO USE THIS PRODUCT FOR PROLONGED PERI-
ODS SEPARATE FROM REGULAR MEALTIMES OR TO GO TO SLEEP WHILE DRINKING
LIQUIDS, OTHER THAN WATER, FROM THIS BABY-BOTTLE OR SIPPY CUP (WHICHEVER
IS APPLICABLE TO THE PRODUCT UPON WHICH THE LABEL WILL BE PLACED) MAY
CAUSE OR CONTRIBUTE TO EARLY CHILDHOOD TOOTH DECAY."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10556-01-1
A. 7232 2
B. THIS SUBDIVISION SHALL APPLY ONLY TO BABY-BOTTLES AND SIPPY CUPS
MANUFACTURED OR IMPORTED ON AND AFTER THE EFFECTIVE DATE OF THIS
SECTION.
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
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS ARTICLE, 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 ARTI-
CLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND NOT MORE THAN ONE THOU-
SAND DOLLARS FOR ANY SUBSEQUENT 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.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.