Assembly Bill A6908

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6908
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  labelling  of
   synthetic  hair  products  that contain a carcinogen or a reproductive
   toxicant
 
   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-x to read as follows:
   §  391-X.  SYNTHETIC  HAIR  PRODUCT  LABELING. 1. FOR PURPOSES OF THIS
 SECTION:
   A. "SYNTHETIC HAIR PRODUCT" OR  "PRODUCT"  MEANS  A  PRODUCT  PRODUCED
 THROUGH  THE SYNTHESIS OF ARTIFICIAL MATERIALS SUCH AS POLYESTER, NYLON,
 ACRYLIC, OR CELLULOSE TO CREATE FIBERS  THAT  UNDERGO  VARIOUS  CHEMICAL
 PROCESSES TO RESEMBLE HUMAN HAIR;
   B.  "MANUFACTURER" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNERSHIP
 OR CORPORATION WHO MANUFACTURES THE  FINAL  SYNTHETIC  HAIR  PRODUCT  OR
 WHOSE  BRAND  NAME  IS  AFFIXED TO THE PRODUCT. IN THE CASE OF A PRODUCT
 THAT WAS IMPORTED INTO THE UNITED STATES,  "MANUFACTURER"  INCLUDES  THE
 IMPORTER  OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY WHO
 CURRENTLY MANUFACTURES OR ASSEMBLES THE PRODUCT OR WHOSE BRAND  NAME  IS
 AFFIXED TO THE PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES;
   C.  "CHEMICAL" SHALL MEAN A SUBSTANCE WITH A DISTINCT MOLECULAR COMPO-
 SITION OR A GROUP OF STRUCTURALLY RELATED SUBSTANCES  AND  INCLUDES  THE
 BREAKDOWN  PRODUCTS  OF  THE  SUBSTANCE  OR SUBSTANCES THAT FORM THROUGH
 DECOMPOSITION, DEGRADATION OR METABOLISM;
   D. "CARCINOGEN" SHALL MEAN ANY CHEMICAL IDENTIFIED AS:
   (I) A "GROUP 1 CARCINOGEN" OR  "GROUP  2A  CARCINOGEN"  BY  THE  WORLD
 HEALTH ORGANIZATION OR INTERNATIONAL AGENCY FOR RESEARCH ON CANCER;
   (II)  "KNOWN  TO BE A HUMAN CARCINOGEN" AND "REASONABLY ANTICIPATED TO
 BE A HUMAN CARCINOGEN" BY THE SECRETARY OF THE UNITED STATES  DEPARTMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10905-01-5
              

 A. 6908                             2
 
 OF  HEALTH AND HUMAN SERVICES PURSUANT TO THE PUBLIC HEALTH SERVICE ACT,
 42 UNITED STATES CODE, SECTION 241(B)(4), AS AMENDED; AND
   (III)  "GROUP  A  CARCINOGENS"  OR "GROUP B CARCINOGENS" BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY; AND
   E. "REPRODUCTIVE TOXICANT" IS ANY CHEMICAL IDENTIFIED AS  A  REPRODUC-
 TIVE  OR  A  DEVELOPMENTAL  TOXICANT  BY THE UNITED STATES DEPARTMENT OF
 HEALTH AND HUMAN SERVICES, NATIONAL TOXICOLOGY PROGRAM, CENTER  FOR  THE
 EVALUATION OF RISKS TO HUMAN REPRODUCTION.
   2.  ANY  SYNTHETIC HAIR PRODUCT BEING OFFERED FOR SALE IN THE STATE OF
 NEW YORK THAT CONTAINS A CARCINOGEN OR  A  REPRODUCTIVE  TOXICANT  SHALL
 PROVIDE A CLEAR AND CONSPICUOUS WARNING LABEL DISPLAYED ON THE PACKAGING
 OR  PRODUCT  ITSELF,  WHICH  SHALL  BE PRINTED IN TYPE NO LESS THAN SIZE
 TWELVE-POINT FONT, THAT NOTIFIES THE CONSUMER AT THE TIME  OF  THE  SALE
 THAT  SUCH  SYNTHETIC  HAIR PRODUCT CONTAINS SUCH CHEMICALS. THE WARNING
 LABEL SHALL STATE:
   (I) IF A PRODUCT CONTAINS A CARCINOGEN: "THIS PRODUCT CONTAINS A CHEM-
 ICAL KNOWN TO CAUSE CANCER";
   (II) IF A SYNTHETIC HAIR PRODUCT  CONTAINS  A  REPRODUCTIVE  TOXICANT:
 "THIS  PRODUCT CONTAINS A CHEMICAL KNOWN TO CAUSE BIRTH DEFECTS OR OTHER
 REPRODUCTIVE HARM"; OR
   (III) IF A SYNTHETIC HAIR PRODUCT CONTAINS BOTH  A  CARCINOGEN  AND  A
 REPRODUCTIVE  TOXICANT:  "THIS PRODUCT CONTAINS CHEMICALS KNOWN TO CAUSE
 CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM".
   3. MANUFACTURERS SHALL BE RESPONSIBLE FOR ENSURING THAT ALL  SYNTHETIC
 HAIR PRODUCT DISPLAY THE WARNING LABEL AS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION.
   4. 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
 UNIT FOR THE FIRST OFFENSE AND UP TO FIVE HUNDRED DOLLARS PER  UNIT  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 eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.