Senate Bill S10588

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10588
 
                             I N  S E N A T E
 
                               May 27, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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
 S. 10588                            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.