Senate Bill S4354

2011-2012 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to consumer protection
Mar 31, 2011	referred to consumer protection

2011-S4354 (ACTIVE) - Details

See Assembly Version of this Bill:: A4435
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3463, A6367
2013-2014: S5645, S6403, A2727

2011-S4354 (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.

2011-S4354 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4354

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:

This bill would require sunscreen products to be labeled with best if
used before dates and storage recommendations.

SUMMARY OF PROVISIONS:

The General Business Law is amended by adding a new section 399-j.

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 ways 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 LIKE, 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 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 will be especially
important on sunscreen for children, as young people tend to be more
severely burned and are in greater danger than adults.


LEGISLATIVE HISTORY:

2009-10: Consumer Protection Committee (S.2099)
2007-08: Consumer Protection Committee (S.4720/A.77)
2005-06: Consumer Protection Committee (S.5475-A/A.983-B)
2004:    Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS:

There should be no fiscal impact to the industry. Many of these
products already have coded expiration dates with numbers that have
meaning only to the manufacturer. This bill would only require that
these expiration dates be clear and conspicuous.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after
becoming law.

2011-S4354 (ACTIVE) - Bill Text download pdf

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

                                  4354

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- 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-j to read as follows:
  S 399-J. 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.
                                                           LBD04491-01-1

S. 4354                             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 S4354

Sponsored By

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

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2011-S4354 (ACTIVE) - Details

2011-S4354 (ACTIVE) - Summary

2011-S4354 (ACTIVE) - Sponsor Memo

2011-S4354 (ACTIVE) - Bill Text download pdf

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Sponsored By

Charles J. Fuschillo Jr.

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

Actions

2011-S4354 (ACTIVE) - Details

2011-S4354 (ACTIVE) - Summary

2011-S4354 (ACTIVE) - Sponsor Memo

2011-S4354 (ACTIVE) - Bill Text download pdf

Comments