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HOUSE DOCKET, NO. 1794 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 369
The Commonwealth of Massachusetts
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PRESENTED BY:
Brandy Fluker-Reid
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting black girls from targeted toxicity.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/15/2025Samantha Montaño15th Suffolk2/6/2025Lindsay N. Sabadosa1st Hampshire2/10/2025 1 of 3
HOUSE DOCKET, NO. 1794 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 369
By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 369) of
Brandy Fluker-Reid, Samantha Montaño and Lindsay N. Sabadosa relative to the promotion,
display or advertising of cosmetic products that contain harmful ingredients. Consumer
Protection and Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3783 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting black girls from targeted toxicity.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 94 of the General Laws is hereby amended by adding the following
2section:-
3 Section 190A. (a) For the purposes of this section, the following terms shall, unless the
4context clearly requires otherwise, have the following meanings:
5 “Advertisement”, any oral, written, graphic or pictorial representation made by a seller in
6the course of the solicitation of retail business or which encourages a person to purchase a retail
7product. 2 of 3
8 “Cosmetic product”, articles that are: (i) intended to be rubbed, poured, sprinkled, or
9sprayed on, introduced into, or otherwise applied to the human body or any part thereof for
10cleansing, beautifying, promoting attractiveness, or altering the appearance; and (ii) articles
11intended for use as a component of any such articles. A cosmetic product shall include products
12and product ingredients that are manufactured or intended to be used for skin lightening and hair
13relaxation.
14 “Harmful ingredients”, chemical components of a product or product component that are
15toxic or have otherwise been found to have damaging health effects on the product user,
16including mercury, parabens, estrogenic chemicals from placenta, benzophenone,
17diethanolamine, nonylphenol, phthalates and talc powder, and other chemicals known to be
18endocrine disruptors. Damaging health effects include the increased risk of developing a
19deleterious condition in the future.
20 (b) No person shall make, promote or display an advertisement targeted towards children
21under the age of 18 for a cosmetic product that contains harmful ingredients.
22 (c) No person shall make, promote or display an advertisement that utilizes the image,
23voice or depiction of a child under the age of 18 the purposes of promoting the sale of a cosmetic
24product that contains harmful ingredients.
25 (d) A violation of this section shall be punishable by a fine of not less than $5,000 for the
26first violation and not less than $10,000 for subsequent violations.
27 (e) (1) The attorney general may initiate proceedings relating to a violation of this
28section. Such proceedings may include, without limitation, an injunction, a civil penalty and
29additional relief in a court of competent jurisdiction. 3 of 3
30 (2) A person harmed by a violation of this section may: (i) bring an action to enjoin the
31violation; (ii) bring an action to recover for actual monetary loss from the violation or to receive
32not more than $25,000 in damages for the violation, whichever is greater; or (iii) bring both such
33actions.
34 (f) The attorney general shall promulgate any regulations necessary to implement this
35section.
36 SECTION 2. This act shall take effect 90 days following its passage.