Assembly Bill A10829

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10829
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced by M. of A. LEE -- read once and referred to the Committee on
   Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   certain anti-aging skin care products to contain a warning label
 
   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-y to read as follows:
   § 391-Y. SALE OF ANTI-AGING SKIN CARE PRODUCTS. 1. FOR THE PURPOSES OF
 THIS SECTION:
   A.  "ANTI-AGING  SKIN  CARE  PRODUCT"  SHALL MEAN ANY OVER-THE-COUNTER
 COSMETIC OR SKIN CARE PRODUCT THAT  CONTAINS  AS  AN  ACTIVE  OR  INTEN-
 TIONALLY ADDED INGREDIENT:
   (I)  VITAMIN  A OR ANY VITAMIN A DERIVATIVE, INCLUDING BUT NOT LIMITED
 TO RETINOIDS, RETINOL, OR RETINYL ESTERS;
   (II) AN ALPHA HYDROXY ACID, INCLUDING  BUT  NOT  LIMITED  TO  GLYCOLIC
 ACID, LACTIC ACID, CITRIC ACID OR SIMILAR COMPOUNDS USED FOR EXFOLIATION
 OR ANTI-AGING PURPOSES;
   (III) SALICYLIC ACID;
   (IV) DMDM HYDANTOIN;
   (V) QUATERNIUM-15;
   (VI) OXYBENZONE;
   (VII) OCTINOXATE; OR
   (VIII) TALC.
   B.  "RETAILER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY,  OR  CORPORATION  THAT   SELLS,   PRODUCES,
 PREPARES,  FORMULATES, OR COMPOUNDS A PERSONAL CARE PRODUCT OR PRODUCTS,
 OR WHOSE BRAND NAME IS AFFIXED TO SUCH PRODUCT OR PRODUCTS.
   2. A. NO RETAILER SHALL SELL OR OFFER FOR  SALE  ANY  ANTI-AGING  SKIN
 CARE  PRODUCT  IN  THIS  STATE  UNLESS  SUCH  PRODUCT  BEARS A CLEAR AND
 CONSPICUOUS WARNING LABEL. SUCH WARNING LABEL SHALL APPEAR ON THE  PROD-
 UCT  PACKAGING AND, FOR ONLINE SALES, ON THE PRODUCT DISPLAY PAGE BEFORE
 PURCHASE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14157-04-6
              

 A. 10829                            2
 
   B. THE WARNING LABEL REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION SHALL STATE: "WARNING: THIS PRODUCT CONTAINS INGREDIENTS  THAT  MAY
 CAUSE  SKIN  IRRITATION,  INCREASED  SUN  SENSITIVITY,  OR OTHER ADVERSE
 REACTIONS, PARTICULARLY IN INDIVIDUALS UNDER 18 YEARS OF AGE. CONSULT  A
 HEALTHCARE PROFESSIONAL BEFORE USE."
   C. THE WARNING LABEL SHALL BE PRINTED IN A FONT SIZE AND STYLE THAT IS
 CLEARLY  LEGIBLE  AND  PLACED  IN A LOCATION REASONABLY CALCULATED TO BE
 SEEN AND UNDERSTOOD BY CONSUMERS UNDER ORDINARY CONDITIONS  OF  PURCHASE
 AND USE.
   3.  ANY RETAILER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A CIVIL PENALTY OF UP TO TWO HUNDRED FIFTY  DOLLARS  FOR  THE
 FIRST  VIOLATION  AND  UP  TO  FIVE  HUNDRED DOLLARS FOR EACH SUBSEQUENT
 VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.