BILL NUMBER: S3441

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the general business law, in relation
to warning labels on certain sports and muscle creams

 
PURPOSE:

Provides that any sport or muscle cream sold or given away must have a
warning label if it contains methyl salicylate.

 
SUMMARY OF PROVISIONS:

Section 1 deems that this act shall be known as "Arielle's law."

Section 2 amends the general business law by adding a new section 391-u
to mandate that no person, firm, corporation or any other entity shall
sell or offer to sell, or give away as part of a promotional distrib-
ution, any form of sports or muscle cream containing methyl salicylate
unless a warning label is displayed thereon stating that the product
contains methyl salicylate and should be used only as directed.
              

Subsection 2 states that violation of the provisions of subdivision one
of this section shall result in a civil penalty not to exceed five
hundred dollars for each violation thereof.

Section 3 creates an immediate effective date.

 
JUSTIFICATION:

A high school track star, Arielle Newman, died recently from an acci-
dental overdose of methyl salicylate, which is a wintergreen-scented
ingredient found in liniments such as Ben Gay, Tiger Balm, and Icy Hot.
The 17 year olds' death points to an urgent need for clearer warnings
about the risks of using products containing methyl salicylate, espe-
cially because muscle creams have become increasingly more common in
locker rooms throughout the country. Often, adolescents and parents
believe that products sold over the counter, with no prescription need-
ed, are one hundred percent safe. Excess use of over the counter sports
creams, or in combination with other creams can produce unsafe results.
Exercise and heat can accentuate absorption of methyl salicylate into
the body. Nausea, vomiting, fatigue, dizziness, convulsions, and
agitation are symptoms of salicylate poisoning. One ounce of Ultra
Strength Ben Gay contains 30% methyl salicylate, 10% menthol, and 4%
camphor; the salicylate content of 1 teaspoon of oil of wintergreen is
equivalent to 21 regular strength aspirin tablets. Clearly, parents and
athletes need to be reminded about the importance of using over the
counter agents as directed, and about the potential consequences of
excess' use. Enacting legislation to ensure that sports creams display
warning labels is a crucial step to preventing further incidents from
occurring.

 
LEGISLATIVE HISTORY:

2008: S.6281C - 3rd Reading Calendar/A.9281A - Referred to Consumer
Affairs and Protection
2007: S.6281A - Referred to Rules/A.9281 - Referred to Consumer Affairs
and Protection

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.