Assembly Bill A11360

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11360
 
                           I N  A S S E M B L Y
 
                               May 13, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of 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 the labeling of
   baby cosmetic products
 
   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-aaaaaaa to read as follows:
   § 399-AAAAAAA. BABY COSMETIC PRODUCT. 1. FOR PURPOSES OF THIS SECTION:
   (A) "CARCINOGEN" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS  DEFINED
 IN SECTION THREE HUNDRED NINETY-ONE-X OF THIS ARTICLE.
   (B)  "INGREDIENT"  SHALL MEAN AN INTENTIONALLY ADDED SUBSTANCE PRESENT
 IN AN INFANT COSMETIC PRODUCT.
   (C) "INFANT COSMETIC PRODUCT" MEANS ANY  LOTION,  CREAM,  MOISTURIZER,
 OINTMENT,  OIL,  OR SIMILAR PRODUCT MARKETED FOR USE ON INFANTS OR YOUNG
 CHILDREN.
   (D)  "INTENTIONALLY  ADDED  INGREDIENT"  SHALL  MEAN  ANY  ELEMENT  OR
 COMPOUND  THAT  A  MANUFACTURER  HAS  INTENTIONALLY  ADDED  TO AN INFANT
 COSMETIC PRODUCT, AND WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN  THE
 FINISHED  PRODUCT,  INCLUDING,  BUT  NOT  LIMITED  TO, THE COMPONENTS OF
 INTENTIONALLY ADDED FRAGRANCE, FLAVORING AND COLORANTS, AND  THE  INTEN-
 TIONAL  BREAKDOWN PRODUCTS OF AN ADDED ELEMENT OR COMPOUND THAT ALSO HAS
 A FUNCTIONAL OR TECHNICAL EFFECT ON THE FINISHED PRODUCT.
   (E) "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, CORPORATION, OR  ASSO-
 CIATION  ENGAGED  IN  THE  MANUFACTURING,  PROCESSING, OR PACKING INFANT
 COSMETIC PRODUCTS FOR SALE OR DISTRIBUTION IN THIS STATE.
   2. ANY INFANT COSMETIC PRODUCT OFFERED FOR SALE IN THE  STATE  OF  NEW
 YORK THAT CONTAINS ANY INGREDIENTS SHALL PROVIDE A CLEAR AND CONSPICUOUS
 LIST OF SUCH INGREDIENTS WHICH SHALL BE LISTED IN ORDER OF PREDOMINANCE.
 SUCH  LABEL  SHALL  BE DISPLAYED ON THE PACKAGING OR AFFIXED THERETO AND
 SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT FONT.
   3. ANY INFANT COSMETIC PRODUCT OFFERED FOR SALE IN THE  STATE  OF  NEW
 YORK  THAT  CONTAINS  A CARCINOGEN SHALL PROVIDE A CLEAR AND CONSPICUOUS
 WARNING LABEL DISPLAYED ON THE PACKAGING OR PRODUCT ITSELF, WHICH  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15875-01-6
 A. 11360                            2
 
 BE  PRINTED  IN  TYPE NO LESS THAN SIZE TWELVE-POINT FONT, THAT NOTIFIES
 THE CONSUMER AT THE TIME OF THE SALE THAT SUCH INFANT  COSMETIC  PRODUCT
 CONTAINS  SUCH  CHEMICALS.  THE  WARNING LABEL SHALL STATE "THIS PRODUCT
 CONTAINS A CHEMICAL KNOWN TO CAUSE CANCER".
   4.  MANUFACTURERS  SHALL  BE  RESPONSIBLE FOR ENSURING THAT ALL INFANT
 COSMETIC PRODUCTS DISPLAY THE WARNING LABEL AS REQUIRED BY  SUBDIVISIONS
 TWO AND THREE OF THIS SECTION.
   5. 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 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. WHENEVER THE COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY UP TO TWO HUNDRED FIFTY DOLLARS PER VIOLATION
 FOR THE FIRST OFFENSE AND UP TO FIVE HUNDRED DOLLARS PER  VIOLATION  FOR
 EACH  SUBSEQUENT  OFFENSE. IN CONNECTION WITH ANY SUCH PROPOSED APPLICA-
 TION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETER-
 MINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH
 THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.