Bill Text: NY S03463 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires sunscreen products to be labeled with expiration dates and storage recommendations; 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; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S03463 Detail]

Download: New_York-2009-S03463-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3463
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 19, 2009
                                      ___________
       Introduced  by  Sen.  C. JOHNSON  -- 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  requiring
         sunscreen  products  to be labeled with a best if used before date and
         storage recommendations
         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-i to read as follows:
    3    S  399-I. DATE AND STORAGE LABELING OF SUNSCREEN PRODUCTS. 1. IT SHALL
    4  BE UNLAWFUL FOR ANY  PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  LIMITED
    5  LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR SALE, RESALE,
    6  OR  DISTRIBUTION IN THIS STATE, SUNSCREEN WHICH DOES NOT CONTAIN A CLEAR
    7  AND CONSPICUOUS LABEL INDICATING A DATE ON WHICH THE PRODUCT IS BEST  IF
    8  USED BEFORE. THE DATE REQUIRED BY THIS SECTION SHALL BE LABELED BY MONTH
    9  AND YEAR.
   10    2.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, PARTNER-
   11  SHIP, LIMITED LIABILITY CORPORATION, OR OTHER ENTITY TO MANUFACTURE, FOR
   12  SALE, RESALE, OR DISTRIBUTION IN THIS STATE, SUNSCREEN  WHICH  DOES  NOT
   13  CONTAIN  A  CLEAR  AND CONSPICUOUS LABEL PROVIDING INFORMATION REGARDING
   14  THE RECOMMENDED STORAGE OF SUCH SUNSCREEN PRODUCT.
   15    3. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, LIMITED LIABILITY CORPO-
   16  RATION, OR OTHER ENTITY SHALL SELL SUNSCREEN WHICH  IT  KNOWS  DOES  NOT
   17  CONTAIN THE LABELING INFORMATION REQUIRED BY SUBDIVISIONS ONE AND TWO OF
   18  THIS SECTION.
   19    4.  FOR  PURPOSES  OF  THIS  SECTION, SUNSCREEN SHALL MEAN SUNBLOCK OR
   20  SIMILAR LOTION OR TOPICAL PREPARATION MANUFACTURED AND SOLD FOR THE SOLE
   21  PURPOSE OF PROTECTING THE SKIN FROM SOLAR AND  ULTRAVIOLET  LIGHT  EXPO-
   22  SURE.
   23    5.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
   24  CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00906-02-9
       S. 3463                             2
    1  THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
    2  SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
    3  DEFENDANT  OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTIN-
    4  UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
    5  THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
    6  SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
    7  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
    8  PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
    9  PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
   10  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
   11  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
   12  TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
   13  SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
   14  THAN TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
   15  WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
   16  TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
   17  ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   18    (B)  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO THE ATTORNEY GENERAL
   19  PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
   20  ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
   21  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE. IN SUCH ACTION, SUCH PERSON MAY
   22  RECOVER HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEV-
   23  ER  IS  GREATER.  THE  COURT  MAY, IN ITS DISCRETION INCREASE THE DAMAGE
   24  AWARD TO AN AMOUNT NOT TO EXCEED ONE THOUSAND  DOLLARS.  THE  COURT  MAY
   25  AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   26    S 2. This act shall take effect on the one hundred eightieth day after
   27  it shall have become a law.