New York Assembly Bill A06908 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6908 2025-2026 Regular Sessions  IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to labelling of synthetic hair products that contain a carcinogen or a reproductive toxicant The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 391-x to read as follows: 3 § 391-x. Synthetic hair product labeling. 1. For purposes of this 4 section: 5 a. "Synthetic hair product" or "product" means a product produced 6 through the synthesis of artificial materials such as polyester, nylon, 7 acrylic, or cellulose to create fibers that undergo various chemical 8 processes to resemble human hair; 9 b. "Manufacturer" shall mean a person, firm, association, partnership 10 or corporation who manufactures the final synthetic hair product or 11 whose brand name is affixed to the product. In the case of a product 12 that was imported into the United States, "manufacturer" includes the 13 importer or first domestic distributor of the product if the entity who 14 currently manufactures or assembles the product or whose brand name is 15 affixed to the product does not have a presence in the United States; 16 c. "Chemical" shall mean a substance with a distinct molecular compo- 17 sition or a group of structurally related substances and includes the 18 breakdown products of the substance or substances that form through 19 decomposition, degradation or metabolism; 20 d. "Carcinogen" shall mean any chemical identified as: 21 (i) a "Group 1 carcinogen" or "Group 2A carcinogen" by the World 22 Health Organization or International Agency for Research on Cancer; 23 (ii) "known to be a human carcinogen" and "reasonably anticipated to 24 be a human carcinogen" by the Secretary of the United States Department EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10905-01-5 
 A. 6908 2 1 of Health and Human Services pursuant to the Public Health Service Act, 2 42 United States Code, Section 241(b)(4), as amended; and 3 (iii) "Group A carcinogens" or "Group B carcinogens" by the United 4 States Environmental Protection Agency; and 5 e. "Reproductive toxicant" is any chemical identified as a reproduc- 6 tive or a developmental toxicant by the United States Department of 7 Health and Human Services, National Toxicology Program, Center for the 8 Evaluation of Risks to Human Reproduction. 9 2. Any synthetic hair product being offered for sale in the state of 10 New York that contains a carcinogen or a reproductive toxicant shall 11 provide a clear and conspicuous warning label displayed on the packaging 12 or product itself, which shall be printed in type no less than size 13 twelve-point font, that notifies the consumer at the time of the sale 14 that such synthetic hair product contains such chemicals. The warning 15 label shall state: 16 (i) if a product contains a carcinogen: "This product contains a chem- 17 ical known to cause cancer"; 18 (ii) if a synthetic hair product contains a reproductive toxicant: 19 "This product contains a chemical known to cause birth defects or other 20 reproductive harm"; or 21 (iii) if a synthetic hair product contains both a carcinogen and a 22 reproductive toxicant: "This product contains chemicals known to cause 23 cancer and birth defects or other reproductive harm". 24 3. Manufacturers shall be responsible for ensuring that all synthetic 25 hair product display the warning label as required by subdivision two of 26 this section. 27 4. Whenever there shall be a violation of this section, an application 28 may be made by the attorney general in the name of the people of the 29 state of New York to a court or justice having jurisdiction by a special 30 proceeding to issue an injunction, and upon notice to the defendant of 31 not less than five days, to enjoin and restrain the continuance of such 32 violation; and if it shall appear to the satisfaction of the court or 33 justice that the defendant has, in fact, violated this section, an 34 injunction may be issued by such court or justice, enjoining and 35 restraining any further violation, without requiring proof that any 36 person has, in fact, been injured or damaged thereby. Whenever the 37 court shall determine that a violation of this section has occurred, the 38 court may impose a civil penalty up to two hundred fifty dollars per 39 unit for the first offense and up to five hundred dollars per unit for 40 each subsequent offense. In connection with any such proposed applica- 41 tion, the attorney general is authorized to take proof and make a deter- 42 mination of the relevant facts and to issue subpoenas in accordance with 43 the civil practice law and rules. 44 § 2. This act shall take effect eighteen months after it shall have 45 become a law. Effective immediately, the addition, amendment and/or 46 repeal of any rule or regulation necessary for the implementation of 47 this act on its effective date are authorized to be made and completed 48 on or before such effective date.