Senate Bill S8598A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8598
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 3, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of certain anti-aging skin care products to individuals under the
   age of 18

   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-y to read as follows:
   § 391-Y. SALE OF ANTI-AGING SKIN CARE PRODUCTS. 1. FOR THE PURPOSES OF
 THIS SECTION:
   A.  "ANTI-AGING  SKIN  CARE  PRODUCT"  SHALL MEAN ANY OVER-THE-COUNTER
 COSMETIC OR SKIN CARE PRODUCT THAT  CONTAINS  AS  AN  ACTIVE  OR  INTEN-
 TIONALLY ADDED INGREDIENT:
   (I)  VITAMIN  A OR ANY VITAMIN A DERIVATIVE, INCLUDING BUT NOT LIMITED
 TO RETINOIDS, RETINOL, OR RETINYL ESTERS;
   (II) AN ALPHA HYDROXY ACID, INCLUDING  BUT  NOT  LIMITED  TO  GLYCOLIC
 ACID, LACTIC ACID, CITRIC ACID OR SIMILAR COMPOUNDS USED FOR EXFOLIATION
 OR ANTI-AGING PURPOSES;
   (III) SALICYLIC ACID;
   (IV) DMDM HYDANTOIN;
   (V) QUATERNIUM-15;
   (VI) OXYBENZONE;
   (VII) OCTINOXATE; OR
   (VIII) TALC.
   B.  "RETAILER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY,  OR  CORPORATION  THAT   SELLS,   PRODUCES,
 PREPARES,  FORMULATES, OR COMPOUNDS A PERSONAL CARE PRODUCT OR PRODUCTS,
 OR WHOSE BRAND NAME IS AFFIXED TO SUCH PRODUCT OR PRODUCTS.
   C. "AGE VERIFICATION" SHALL MEAN A REASONABLE METHOD OF VERIFYING THAT
 A PURCHASER IS EIGHTEEN YEARS OF AGE OR OLDER, WHICH MAY  INCLUDE  EXAM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14157-02-5
              

 S. 8598                             2
 
 INATION OF A VALID GOVERNMENT-ISSUED IDENTIFICATION, USE OF AN ELECTRON-
 IC AGE VERIFICATION SYSTEM, OR OTHER METHODS.
   2.  A.  NO RETAILER SHALL SELL, FURNISH, OR CAUSE TO BE SOLD ANY ANTI-
 AGING SKIN CARE PRODUCT TO ANY INDIVIDUAL UNDER  THE  AGE  OF  EIGHTEEN.
 RETAILERS  SHALL  NOT  SELL  ANTI-AGING  SKIN  CARE  PRODUCTS UNLESS THE
 RETAILER HAS CONDUCTED AGE VERIFICATION OF THE PURCHASER  AND  SUCH  AGE
 VERIFICATION  CONFIRMS  THAT THE PURCHASER IS AT LEAST EIGHTEEN YEARS OF
 AGE. RETAILERS THAT SELL ANTI-AGING  SKIN  CARE  PRODUCTS  ONLINE  SHALL
 IMPLEMENT  AN  AGE  VERIFICATION  MECHANISM WHICH SHALL CONFIRM THAT THE
 PURCHASER IS AT LEAST EIGHTEEN YEARS OLD PRIOR TO COMPLETING THE SALE OF
 SUCH PRODUCTS AND WHICH SHALL PROHIBIT SUCH SALE IF THE AGE VERIFICATION
 IS NOT COMPLETED OR DOES NOT SHOW THAT THE PURCHASER IS AT  LEAST  EIGH-
 TEEN YEARS OF AGE.
   B.  RETAILERS  SHALL POST A CLEAR AND CONSPICUOUS SIGN AT THE POINT OF
 SALE AND ONLINE RETAILERS SHALL DISPLAY A CLEAR AND  CONSPICUOUS  NOTICE
 ON  THE  PRODUCT  PAGE  STATING:  "SALE  OF CERTAIN ANTI-AGING SKIN CARE
 PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED UNDER  NEW  YORK
 STATE LAW".
   3.  ANY RETAILER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A CIVIL PENALTY OF UP TO TWO HUNDRED FIFTY  DOLLARS  FOR  THE
 FIRST  VIOLATION  AND  UP  TO  FIVE  HUNDRED DOLLARS FOR EACH SUBSEQUENT
 VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.