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| 2 | 2 | | HOUSE DOCKET, NO. 1794 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 369 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Brandy Fluker-Reid |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act protecting black girls from targeted toxicity. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/15/2025Samantha Montaño15th Suffolk2/6/2025Lindsay N. Sabadosa1st Hampshire2/10/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1794 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 369 |
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| 18 | 18 | | By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 369) of |
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| 19 | 19 | | Brandy Fluker-Reid, Samantha Montaño and Lindsay N. Sabadosa relative to the promotion, |
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| 20 | 20 | | display or advertising of cosmetic products that contain harmful ingredients. Consumer |
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| 21 | 21 | | Protection and Professional Licensure. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE HOUSE, NO. 3783 OF 2023-2024.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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| 27 | 27 | | (2025-2026) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act protecting black girls from targeted toxicity. |
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| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 31 | 31 | | of the same, as follows: |
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| 32 | 32 | | 1 SECTION 1. Chapter 94 of the General Laws is hereby amended by adding the following |
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| 33 | 33 | | 2section:- |
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| 34 | 34 | | 3 Section 190A. (a) For the purposes of this section, the following terms shall, unless the |
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| 35 | 35 | | 4context clearly requires otherwise, have the following meanings: |
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| 36 | 36 | | 5 “Advertisement”, any oral, written, graphic or pictorial representation made by a seller in |
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| 37 | 37 | | 6the course of the solicitation of retail business or which encourages a person to purchase a retail |
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| 38 | 38 | | 7product. 2 of 3 |
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| 39 | 39 | | 8 “Cosmetic product”, articles that are: (i) intended to be rubbed, poured, sprinkled, or |
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| 40 | 40 | | 9sprayed on, introduced into, or otherwise applied to the human body or any part thereof for |
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| 41 | 41 | | 10cleansing, beautifying, promoting attractiveness, or altering the appearance; and (ii) articles |
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| 42 | 42 | | 11intended for use as a component of any such articles. A cosmetic product shall include products |
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| 43 | 43 | | 12and product ingredients that are manufactured or intended to be used for skin lightening and hair |
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| 44 | 44 | | 13relaxation. |
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| 45 | 45 | | 14 “Harmful ingredients”, chemical components of a product or product component that are |
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| 46 | 46 | | 15toxic or have otherwise been found to have damaging health effects on the product user, |
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| 47 | 47 | | 16including mercury, parabens, estrogenic chemicals from placenta, benzophenone, |
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| 48 | 48 | | 17diethanolamine, nonylphenol, phthalates and talc powder, and other chemicals known to be |
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| 49 | 49 | | 18endocrine disruptors. Damaging health effects include the increased risk of developing a |
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| 50 | 50 | | 19deleterious condition in the future. |
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| 51 | 51 | | 20 (b) No person shall make, promote or display an advertisement targeted towards children |
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| 52 | 52 | | 21under the age of 18 for a cosmetic product that contains harmful ingredients. |
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| 53 | 53 | | 22 (c) No person shall make, promote or display an advertisement that utilizes the image, |
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| 54 | 54 | | 23voice or depiction of a child under the age of 18 the purposes of promoting the sale of a cosmetic |
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| 55 | 55 | | 24product that contains harmful ingredients. |
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| 56 | 56 | | 25 (d) A violation of this section shall be punishable by a fine of not less than $5,000 for the |
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| 57 | 57 | | 26first violation and not less than $10,000 for subsequent violations. |
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| 58 | 58 | | 27 (e) (1) The attorney general may initiate proceedings relating to a violation of this |
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| 59 | 59 | | 28section. Such proceedings may include, without limitation, an injunction, a civil penalty and |
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| 60 | 60 | | 29additional relief in a court of competent jurisdiction. 3 of 3 |
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| 61 | 61 | | 30 (2) A person harmed by a violation of this section may: (i) bring an action to enjoin the |
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| 62 | 62 | | 31violation; (ii) bring an action to recover for actual monetary loss from the violation or to receive |
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| 63 | 63 | | 32not more than $25,000 in damages for the violation, whichever is greater; or (iii) bring both such |
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| 64 | 64 | | 33actions. |
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| 65 | 65 | | 34 (f) The attorney general shall promulgate any regulations necessary to implement this |
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| 66 | 66 | | 35section. |
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| 67 | 67 | | 36 SECTION 2. This act shall take effect 90 days following its passage. |
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