S 10588 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10588 Summary: BILL NO S10588 &nbsp SAME AS SAME AS A11360

&nbsp SPONSOR MYRIE &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §399-aaaaaaa, Gen Bus L &nbsp Requires the labeling of certain baby cosmetic products if the cosmetic product contains a carcinogen.

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STATE OF NEW YORK ________________________________________________________________________

10588

IN SENATE

May 27, 2026 ___________

Introduced by Sen. MYRIE -- 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 the labeling of baby cosmetic products

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 2 399-aaaaaaa to read as follows: 3 § 399-aaaaaaa. Baby cosmetic product. 1. For purposes of this section: 4 (a) "Carcinogen" shall have the same meaning as such term is defined 5 in section three hundred ninety-one-x of this article. 6 (b) "Ingredient" shall mean an intentionally added substance present 7 in an infant cosmetic product. 8 (c) "Infant cosmetic product" means any lotion, cream, moisturizer, 9 ointment, oil, or similar product marketed for use on infants or young 10 children. 11 (d) "Intentionally added ingredient" shall mean any element or 12 compound that a manufacturer has intentionally added to an infant 13 cosmetic product, and which has a functional or technical effect in the 14 finished product, including, but not limited to, the components of 15 intentionally added fragrance, flavoring and colorants, and the inten- 16 tional breakdown products of an added element or compound that also has 17 a functional or technical effect on the finished product. 18 (e) "Manufacturer" shall mean any person, firm, corporation, or asso- 19 ciation engaged in the manufacturing, processing, or packing infant 20 cosmetic products for sale or distribution in this state. 21 2. Any infant cosmetic product offered for sale in the state of New 22 York that contains any ingredients shall provide a clear and conspicuous 23 list of such ingredients which shall be listed in order of predominance. 24 Such label shall be displayed on the packaging or affixed thereto and 25 shall be printed in type no less than size twelve-point font. 26 3. Any infant cosmetic product offered for sale in the state of New 27 York that contains a carcinogen shall provide a clear and conspicuous 28 warning label displayed on the packaging or product itself, which shall

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15875-01-6

S. 10588 2

1 be printed in type no less than size twelve-point font, that notifies 2 the consumer at the time of the sale that such infant cosmetic product 3 contains such chemicals. The warning label shall state "This product 4 contains a chemical known to cause cancer". 5 4. Manufacturers shall be responsible for ensuring that all infant 6 cosmetic products display the warning label as required by subdivisions 7 two and three of this section. 8 5. Whenever there shall be a violation of this section, an application 9 may be made by the attorney general in the name of the people of the 10 state of New York to a court or justice having jurisdiction by a special 11 proceeding to issue an injunction, and upon notice to the defendant of 12 not less than five days, to enjoin and restrain the continuance of such 13 violation; and if it shall appear to the satisfaction of the court or 14 justice that the defendant has, in fact, violated this section, an 15 injunction may be issued by such court or justice, enjoining and 16 restraining any further violation, without requiring proof that any 17 person has, in fact, been injured or damaged thereby. Whenever the court 18 shall determine that a violation of this section has occurred, the court 19 may impose a civil penalty up to two hundred fifty dollars per violation 20 for the first offense and up to five hundred dollars per violation for 21 each subsequent offense. In connection with any such proposed applica- 22 tion, the attorney general is authorized to take proof and make a deter- 23 mination of the relevant facts and to issue subpoenas in accordance with 24 the civil practice law and rules. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law.

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