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History
- Referred to consumer protection
- Referred to consumer protection
Full text
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Title of bill
An act to amend the general business law, in relation to warning labels on certain sports and muscle creams
Purpose
Provides that any sport or muscle cream sold or given away must have a warning label if it contains methyl salicylate.
Summary of provisions
Section 1 deems that this act shall be known as "Arielle's law." Section 2 amends the general business law by adding a new section 391-q to mandate that no person, firm, corporation or any other entity shall sell or offer to sell, or give away as part of a promotional distribution, any form of sports or muscle cream containing methyl salicylate unless a warning label is displayed thereon stating that the product contains methyl salicylate and should be used only as directed. Subsection 2 states that a retailer who violates the provisions of subdivision one of this section shall be subject to a stop removal order to permanently remove such units from sale for a first violation and to a civil penalty not to exceed five hundred dollars for each subsequent violation. Manufacturers, wholesalers and distributors who violate the provisions of subdivision one of this section shall be subject to a civil penalty not to exceed five hundred dollars for each violation thereof Section 3 creates an immediate effective date.
Justification
A high school track star died recently from an accidental overdose of methyl salicylate, which is a wintergreen-scented ingredient found in liniments such as Ben Gay, Tiger Balm, and Icy Hot. The 17 year olds' death points to an urgent need for clearer warnings about the risks of using products containing methyl salicylate, especially because muscle creams have become increasingly more common in locker rooms throughout the country. Often, adolescents and parents believe that products sold over the counter, with no prescription needed, are one hundred percent safe. Excess use of over the counter sports creams, or in combination with other creams can produce unsafe results. Exercise and heat can accentuate absorption of methyl salicylate into the body. Nausea, vomiting, fatigue, dizziness, convulsions, and agitation are symptoms of salicylate poisoning. One ounce of Ultra Strength Ben Gay contains 30% methyl salicylate, 10% menthol, and 4% camphor; the salicylate content of 1 teaspoon of oil of wintergreen is equivalent to 21 regular strength aspirin tablets. Clearly, parents and athletes need to be reminded about the importance of using over the counter agents as directed, and about the potential consequences of excess use. Enacting legislation to ensure that sports creams display warning labels is a crucial step to preventing further incidents from occurring.
Legislative history
2008: S.6281 - 3rd Reading Calendar/A.9281 - Referred to Consumer Affairs & Protection. 2007: S.6281 - Referred to Rules/A.9281 - Referred to Consumer Affairs & Protection.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.