Bill S5645-2013

Requires sunscreen products to be labeled with best if used before dates and storage recommendations

Requires sunscreen products to be labeled with expiration dates and storage recommendations; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.

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  • May 31, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S5645

TITLE OF BILL: An act to amend the general business law, in relation to requiring sunscreen products to be labeled with a best if used before date and storage recommendations

PURPOSE: This bill would require sunscreen products to be labeled with expiration dates and storage recommendations.

SUMMARY OF PROVISIONS: The General Business Law is amended by adding a new section 399-j.

JUSTIFICATION: According to the American Cancer Society over 800,000 new skin cancer cases of highly curable basal cell or squamous cell cancers are diagnosed per year. More than a million new cases of skin cancer diagnosed in 2002 make it the most common form of cancer in the United States. The number of melanomas diagnosed in the United States is increasing; since 1973, the incidence rate of melanoma has more than doubled. Skin care prevention involves addressing personal behavior and individual choices. According to the American Cancer Society the best way to prevent skin cancer are as follows: "The sun's ultraviolet rays are the strongest between 10 a.m. and 3 p.m., exposure at these times should be avoided, and protective clothing should be worn. SUNSCREENS SHOULD BE USED. These come in various strengths, ranging from those facilitating gradual tanning to those that allow practically no tanning. A recent study revealed that only a third of the young people questioned used sunscreen routinely during the previous summer. Half of those who reported multiple sunburns claimed it was worthwhile in order to get a tan.

Sunscreen products have an effectiveness life of three to five years. In light of how important these products are in combating skin cancer, it is appropriate that the consumer know that sunscreen is not protective against the sun's rays after a certain point. A clear and conspicuous label indicating the date after which a sunscreen product is no longer viable or effective is necessary to alert the consumer to added risks of sun exposure they may encounter and a clear label providing information regarding storage will aid the customer in ensuring that the products they have purchased will retain their effectiveness. More than 53 million children spend a substantial portion of their lives in school, and some of that time is spent outdoors in the sun. These labels are especially important with children's sunscreen, young people tend to be more severely burned and are in greater danger than adults.

LEGISLATIVE HISTORY: 2011-12: Consumer Protection Committee (S.4354/A.4435) 2009-10: Consumer Protection Committee (S.2099) 2007-08: Consumer Protection Committee (S.4720/A.77) 2005-06: Consumer Protection Committee (S.5475-A/A.983-B) 2004: Consumer Protection Committee (S.6448/A.1061)

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5645 2013-2014 Regular Sessions IN SENATE May 31, 2013 ___________
Introduced by Sen. FUSCHILLO -- 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 requiring sunscreen products to be labeled with a best if used before date and storage recommendations 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-j to read as follows: S 399-J. DATE AND STORAGE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIBUTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A CLEAR AND CONSPICUOUS LABEL INDICATING A DATE ON WHICH THE PRODUCT IS BEST IF USED BEFORE. THE DATE REQUIRED BY THIS SECTION SHALL BE LABELED BY MONTH AND YEAR. 2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNER- SHIP, LIMITED LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIBUTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A CLEAR AND CONSPICUOUS LABEL PROVIDING INFORMATION REGARDING THE RECOMMENDED STORAGE OF SUCH SUNSCREEN PRODUCT. 3. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO- RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH IT KNOWS DOES NOT CONTAIN THE LABELING INFORMATION REQUIRED BY SUBDIVISIONS ONE AND TWO OF THIS SECTION. 4. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN SUNBLOCK OR SIMILAR LOTION OR TOPICAL PREPARATION MANUFACTURED AND SOLD FOR THE SOLE PURPOSE OF PROTECTING THE SKIN FROM SOLAR AND ULTRAVIOLET LIGHT EXPO- SURE. 5. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI- CATION 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 OR RESTRAIN THE CONTIN- UANCE 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. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION. 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. (B) IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE. IN SUCH ACTION, SUCH PERSON MAY RECOVER HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEV- ER IS GREATER. THE COURT MAY, IN ITS DISCRETION INCREASE THE DAMAGE AWARD TO AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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