Assembly Bill A11721

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11721
 
                           I N  A S S E M B L Y
 
                            September 16, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend  the general business law, in relation to infant head
   support labeling
 
   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.  INFANT  HEAD SUPPORT LABELING. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "INFANT" MEANS A CHILD UNDER TWELVE MONTHS OF AGE.
   (B) "INFANT HEAD SUPPORT DEVICE" MEANS ANY PILLOW,  CUSHION,  LOUNGER,
 POSITIONER,  WEDGE,  MAT,  INSERT,  OR SIMILAR PRODUCT THAT IS DESIGNED,
 MARKETED, OR INTENDED FOR AN INFANT TO REST, CRADLE, SUPPORT,  OR  POSI-
 TION AN INFANT'S HEAD, INSERTS FOR CAR SEATS, STROLLERS, SWINGS, BOUNCER
 SEATS, OR CARRIERS. SUCH TERM SHALL NOT INCLUDE:
   (I)  A  CRANIAL ORTHOSIS OR OTHER DEVICE APPROVED BY THE UNITED STATES
 FOOD AND DRUG ADMINISTRATION THAT IS PRESCRIBED  BY  A  LICENSED  HEALTH
 CARE PROVIDER;
   (II)  A  COMPONENT  SUPPLIED  BY  THE ORIGINAL MANUFACTURER OF A CHILD
 RESTRAINT SYSTEM IN COMPLIANCE WITH  APPLICABLE  FEDERAL  MOTOR  VEHICLE
 SAFETY STANDARDS; OR
   (III) A CRIB MATTRESS, BASSINET, OR OTHER INFANT SLEEP PRODUCT THAT IS
 SUBJECT TO A MANDATORY FEDERAL SAFETY STANDARD.
   (C) "POSITIONAL SKULL DEFORMITY" MEANS FLATTENING, MOLDING, OR ASYMME-
 TRY  OF  AN INFANT'S SKULL RESULTING FROM PROLONGED EXTERNAL PRESSURE ON
 THE SKULL, INCLUDING POSITIONAL PLAGIOCEPHALY AND  POSITIONAL  BRACHYCE-
 PHALY.
   2. ANY INFANT HEAD SUPPORT DEVICE OFFERED FOR SALE IN THE STATE OF NEW
 YORK  SHALL  PROVIDE  A CLEAR AND CONSPICUOUS WARNING ON SUCH DEVICE AND
 ITS RETAIL PACKAGING THAT PROLONGED USE OF SUCH PRODUCT MAY CAUSE  FLAT-
 TENING, MOLDING, OR DEFORMATION OF A BABY'S SKULL AND THAT THE RECIPIENT
 OF  SUCH  INFANT  HEAD  SUPPORT  DEVICE SHOULD LIMIT THE TIME THEIR BABY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16336-01-6
 A. 11721                            2
 
 SPENDS  RESTING  AGAINST  THE  PRODUCT  AND  TO  REPOSITION  THEIR  BABY
 FREQUENTLY.
   3. THE WARNING REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE:
   (A)  PERMANENTLY  AFFIXED TO THE DEVICE BY MEANS OF A LABEL OR TAG AND
 PRINTED ON THE PRINCIPAL DISPLAY PANEL OF ANY RETAIL PACKAGING; AND
   (B) PRINTED IN A LEGIBLE TYPEFACE IN A TYPE  SIZE  OF  NOT  LESS  THAN
 TWELVE-POINT FONT.
   4. THE DEPARTMENT OF HEALTH SHALL CREATE A MODEL LABEL AND MAY INCLUDE
 ON SUCH LABEL A LINK TO A WEBSITE, WHICH THE DEPARTMENT MAY CREATE, THAT
 INSTRUCTS  PARENTS  ON POSITIONAL SKULL DEFORMITY AND THE DEVELOPMENTAL,
 EMOTIONAL, AND CRANIAL BENEFITS OF CARRYING AN INFANT.
   5. THE MANUFACTURER SHALL BE RESPONSIBLE FOR ENSURING THAT ALL  INFANT
 HEAD  SUPPORT  DEVICES DISPLAY THE WARNING LABEL AS REQUIRED BY SUBDIVI-
 SIONS TWO AND THREE OF THIS SECTION.
   6. 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 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  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.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  OR  ALTER  THE
 LIABILITY  OR DUTY OF ANY MANUFACTURER, DISTRIBUTOR, OR SELLER UNDER THE
 COMMON LAW OR ANY OTHER PROVISION OF LAW, INCLUDING LIABILITY FOR  FAIL-
 URE  TO  WARN. COMPLIANCE WITH THIS SECTION SHALL NOT RELIEVE ANY PERSON
 FROM LIABILITY AT COMMON LAW OR UNDER ANY OTHER  STATUTE.  THE  REMEDIES
 AND  PENALTIES  PROVIDED  IN  THIS  SECTION ARE IN ADDITION TO ANY OTHER
 REMEDIES OR PENALTIES PROVIDED BY LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.