senate Bill S5645

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
May 31, 2013 referred to consumer protection

S5645 - Bill Details

See Assembly Version of this Bill:
A2727
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4354, A4435
2009-2010: S3463, A6367

S5645 - Bill Texts

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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.

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BILL NUMBER:S5645

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
expiration 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 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.

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: 2011-12: Consumer Protection Committee
(S.4354/A.4435) 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: To be determined

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


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

                                  5645

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

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.
                                                           LBD01420-01-3

S. 5645                             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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