Requires sunscreen products to be labeled with expiration dates; 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.
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 providing for the repeal of such provisions upon expiration thereof
PURPOSE: This bill would require certain sunscreen products to be labeled with expiration dates.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 399-j to the General Business Law to require that certain sunscreen products sold in the state be labeled with an expiration date.
Section 2 provides the effective date.
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. 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, as young people tend to be more severely burned and are in greater danger than adults.
LEGISLATIVE HISTORY: 2013: Consumer Protection Committee (S.5645) 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 two years after it shall have become a law; provided that it shall be repealed upon the adoption by the United States Food and Drug Administration of a final OTC drug monograph for sunscreen products.
STATE OF NEW YORK ________________________________________________________________________ 6403--B IN SENATE January 21, 2014 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 providing for the repeal of such provisions upon expiration thereof 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 LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO- RATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE, OR DISTRIB- UTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A 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. 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 SUBDIVISION ONE OF THIS SECTION. 3. FOR PURPOSES OF THIS SECTION, SUNSCREEN SHALL MEAN A TOPICAL, NON- DOSAGE PRODUCT INTENDED FOR USE STRICTLY AS A HUMAN OTC DRUG PRODUCT, AND NOT ALSO A COSMETIC PRODUCT, AND LABELED WITH THE TERM "SPF" AND LABELED SOLELY FOR USE IN SUNBURN PROTECTION, AND CONTAINING AT LEAST ONE ACTIVE INGREDIENT LISTED IN 21 C.F.R. 352.10 THAT ABSORBS, REFLECTS OR SCATTERS RADIATION. FOR PURPOSES OF THIS SECTION "SUNSCREEN" SHALL NOT INCLUDE PRODUCTS IN WHICH AVAILABLE EMPIRICAL TESTING DEMONSTRATES THAT THE SUNSCREEN PRODUCT MAINTAINS ITS INTEGRITY AND EFFECTIVENESS FOR A PERIOD OF AT LEAST THREE YEARS. 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 SPECIALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01420-05-4 S. 6403--B 2
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR 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. 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. ANY MONETARY PENALTIES THAT ARE SECURED BY THE STATE SHALL BE UTILIZED BY THE DEPARTMENT OF HEALTH FOR SUNSCREEN EDUCATION PROGRAMS. S 2. This act shall take effect two years after it shall have become a law; provided that it shall be repealed upon the adoption by the United States Food and Drug Administration of a final OTC drug monograph for sunscreen products; provided that the commissioner of health shall noti- fy the legislative bill drafting commission upon the occurrence of the adoption of a final OTC drug monograph for sunscreen products provided for in this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public offi- cers law.