S T A T E O F N E W Y O R K
________________________________________________________________________
2133
2025-2026 Regular Sessions
I N A S S E M B L Y
January 15, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of intravenous solution containers made with
intentionally added DEHP
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 8 to read as follows:
TITLE VIII
INTRAVENOUS SOLUTION CONTAINERS
SECTION 37-0801. LEGISLATIVE INTENT.
37-0803. DEFINITIONS.
37-0805. INTRAVENOUS SOLUTION CONTAINER.
§ 37-0801. LEGISLATIVE INTENT.
THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING:
1. DI(2-ETHYLHEXYL) PHTHALATE (DEHP) AND OTHER ORTHO-PHTHALATES ARE
TOXIC CHEMICALS.
2. THEY ARE USED PRIMARILY TO PRODUCE FLEXIBILITY IN PLASTICS, MAINLY
POLYVINYL CHLORIDE (PVC).
3. THIS INCLUDES DEHP, THE MOST COMMON 'PLASTICIZER' USED IN MEDICAL
DEVICES, INCLUDING INTRAVENOUS SOLUTION CONTAINERS (IV BAGS) AND IV
TUBING.
4. OVER THE COURSE OF ITS SHELF LIFE, DEHP LEACHES OUT OF THE PLASTIC
INTO THE SOLUTION BEING HELD IN THE CONTAINER.
5. DEHP IS CLASSIFIED AS AN ENDOCRINE-DISRUPTING COMPOUND, MEANING IT
CAN INTERFERE WITH THE HORMONAL SYSTEM IN HUMANS AND ANIMALS. IT CAN
MIMIC OR BLOCK THE ACTIONS OF HORMONES, LEADING TO ADVERSE EFFECTS ON
REPRODUCTIVE HEALTH, DEVELOPMENT, AND METABOLISM.
6. STUDIES HAVE SUGGESTED A POTENTIAL LINK BETWEEN DEHP EXPOSURE AND
CERTAIN TYPES OF CANCER, INCLUDING BREAST, LIVER, LUNG, AND TESTICULAR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02500-01-5
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CANCER. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS
DETERMINED THAT DEHP IS A PROBABLE HUMAN CARCINOGEN.
7. DEHP EXPOSURE HAS BEEN ASSOCIATED WITH ADVERSE EFFECTS ON REPRODUC-
TIVE ORGANS AND FERTILITY. IT CAN DISRUPT NORMAL REPRODUCTIVE DEVELOP-
MENT, REDUCE SPERM QUALITY, AND AFFECT HORMONE LEVELS IN BOTH MALES AND
FEMALES.
8. DEHP IS METABOLIZED IN THE LIVER AND CAN ACCUMULATE IN THE BODY
OVER TIME. PROLONGED EXPOSURE TO HIGH LEVELS OF DEHP HAS BEEN SHOWN TO
CAUSE LIVER AND KIDNEY DAMAGE IN ANIMAL STUDIES.
9. INHALATION OR INGESTION OF DEHP CAN CAUSE RESPIRATORY IRRITATION
AND ALLERGIC REACTIONS IN SOME INDIVIDUALS, PARTICULARLY THOSE WITH
PREEXISTING RESPIRATORY CONDITIONS OR SENSITIVITIES.
10. THE LEACHING OF DEHP FROM MEDICAL DEVICES AT VARYING CONCEN-
TRATIONS HAS BEEN LINKED TO MULTIDRUG RESISTANCE IN BREAST CANCER CELLS,
INHIBITING THE EFFECTIVENESS OF BREAST CANCER DRUGS. THIS PHENOMENON HAS
BEEN OBSERVED AT BOTH HIGH AND LOW CONCENTRATIONS OF DEHP, HIGHLIGHTING
THE POTENTIAL IMPACT OF DEHP LEACHING ON CANCER TREATMENT OUTCOMES.
11. EXPOSURE TO DEHP HAS BEEN LINKED TO MULTIDRUG RESISTANCE IN
TRIPLE-NEGATIVE BREAST CANCER CELLS, INHIBITING THE APOPTOSIS MECHANISM
INDUCED BY BREAST CANCER DRUGS SUCH AS TAMOXIFEN AND INCREASING CELL
PROLIFERATION. MOREOVER, DEHP HAS BEEN SUGGESTED TO SERVE AS A MITOGENIC
FACTOR FOR ESTROGEN RECEPTOR-POSITIVE BREAST CANCER CELLS, POTENTIALLY
MAKING THEM MULTIDRUG RESISTANT.
§ 37-0803. DEFINITIONS.
FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
1. "DEHP" MEANS DI(2-ETHYLHEXYL) PHTHALATE.
2. "INTENTIONALLY ADDED DEHP" MEANS DEHP THAT A MANUFACTURER HAS
INTENTIONALLY ADDED TO A PRODUCT AND THAT HAS A FUNCTIONAL OR TECHNICAL
EFFECT ON THE PRODUCT.
3. "INTRAVENOUS SOLUTION CONTAINERS" MEANS A CONTAINER USED TO HOUSE
MEDICINE, FLUID, OR NUTRITION THERAPY THAT IS INTRAVENOUSLY ADMINISTERED
TO PATIENTS IN A HOSPITAL, OUTPATIENT, OR OTHER HEALTH CARE FACILITY.
4. "INTRAVENOUS TUBING" MEANS ANY TUBING USED TO ADMINISTER FLUIDS,
MEDICATION, OR NUTRIENTS DIRECTLY TO AN ADULT, CHILD, OR INFANT.
5. "ORTHO-PHTHALATES" MEANS A CLASS OF CHEMICALS THAT ARE ESTERS OF
ORTHO-PHTHALIC ACID, INCLUDING ALL OF THE FOLLOWING:
(A) BENZYL-BUTYL PHTHALATE (BBP) 85-68-7.
(B) DIBUTYL PHTHALATE (DBP) 84-74-2.
(C) DICYCLOHEXYL PHTHALATE (DCHP) 84-61-7.
(D) DI-(2-ETHYLHEXYL) PHTHALATE (DEHP) 117-81-7.
(E) DIETHYL PHTHALATE (DEP) 84-66-2.
(F) DI-ISOBUTYL PHTHALATE (DIBP) 84-69-5.
(G) DI-ISODECYL PHTHALATE (DIDP) 26761-40-0.
(H) DI-ISONONYL PHTHALATE (DINP) 28553-12-0.
(I) DI-N-HEXYL PHTHALATE (DNHP) 84-75-3.
(J) DI-N-OCTYL PHTHALATE (DNOP) 117-84-0.
(K) DI-N-PENTYL (DNPP) PHTHALATE 131-18-0.
(L) DIISOHEPTYL PHTHALATE (DIHP) 71888-89-6.
§ 37-0805. INTRAVENOUS SOLUTION CONTAINERS.
1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO PERSON OR
ENTITY SHALL MANUFACTURE, SELL, OR DISTRIBUTE INTO COMMERCE IN NEW YORK
INTRAVENOUS SOLUTION CONTAINERS MADE WITH INTENTIONALLY ADDED DEHP.
2. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY-ONE, NO PERSON OR
ENTITY SHALL MANUFACTURE, SELL, OR DISTRIBUTE INTO COMMERCE IN NEW YORK
INTRAVENOUS TUBING MADE WITH INTENTIONALLY ADDED DEHP FOR USE IN NEONA-
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TAL INTENSIVE CARE UNITS, NUTRITION INFUSIONS, OR ONCOLOGY TREATMENT
INFUSIONS.
3. NO PERSON OR ENTITY SHALL REPLACE DEHP, PURSUANT TO THIS TITLE, FOR
REVISED OR NEW PRODUCTS WITH OTHER ORTHO-PHTHALATES.
4. THE FOLLOWING ITEMS, AS DESCRIBED IN TITLE TWENTY-ONE OF THE CODE
OF FEDERAL REGULATIONS, ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION:
(A) HUMAN BLOOD COLLECTION AND STORAGE BAGS; AND
(B) APHERESIS AND CELL THERAPY BLOOD KITS AND BAGS, INCLUDING INTEGRAL
TUBING.
§ 2. This act shall take effect immediately.