Legislation

* § 391-x. Hair relaxer labeling. 1. For purposes of this section:

a. "Hair relaxer" shall mean any product topically applied to hair for
the purpose of weakening the structure and curliness of the hair fiber
and allowing for a straightening of the hair;

b. "Manufacturer" shall mean a person, firm, association, partnership
or corporation who manufactures the final hair relaxer 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
composition 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
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
reproductive 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 hair relaxer 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 hair relaxer contains such chemicals. The warning label shall
state:

(i) if a product contains a carcinogen: "This product contains a
chemical known to cause cancer";

(ii) if a product contains a reproductive toxicant: "This product
contains a chemical known to cause birth defects or other reproductive
harm"; or

(iii) if a 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 hair
relaxers 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 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.

* NB Effective May 21, 2027