Requires sunscreen products to be labeled with best if used before dates and storage recommendations

BILL NUMBER:S4354

Title of bill

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

Purpose

This bill would require sunscreen products to be labeled with best if used before dates and storage recommendations.

Summary of provisions

The General Business Law is amended by adding a new section 399-j.

Justification

According to the American Cancer Society over 800,000 new skin cancer cases of highly curable basal cell or squamous cell cancers are diagnosed per year. More than a million new cases of skin cancer diagnosed in 2002 make it the most common form of cancer in the United States. The number of melanomas diagnosed in the United States is increasing; since 1973, the incidence rate of melanoma has more than doubled. Skin care prevention involves addressing personal behavior and individual choices. According to the American Cancer Society the best ways to prevent skin cancer are as follows: "The sun's ultraviolet rays are the strongest between 10 a.m. and 3 p.m., exposure at these times should be avoided, and protective clothing should be worn. SUNSCREENS SHOULD BE USED. These come in various strengths, ranging from those facilitating gradual tanning to those that allow practically no tanning. A recent study revealed that only a third of the young people questioned used sunscreen routinely during the previous summer. Half of those who reported multiple sunburns claimed it was worthwhile in order to get a tan. BECAUSE OF THE POSSIBLE LINK BETWEEN SEVERE SUNBURNS IN CHILDHOOD AND GREATLY INCREASED RISK OF MELANOMA IN LATER LIKE, CHILDREN, IN PARTICULAR, SHOULD BE PROTECTED FROM THE SUN.

Sunscreen products have an effectiveness life of three to five years. In light of how important these products are in combating skin cancer, it is appropriate that the consumer know that sunscreen is not protective against the sun's rays after a certain point. A clear and conspicuous label, indicating the date after which a sunscreen product is no longer viable or effective, is necessary to alert the consumer to added risks of sun exposure they may encounter and will aid the customer in ensuring that the products they have purchased will retain their effectiveness. More than 53 million children spend a substantial portion of their lives in school, and some of that time is spent outdoors in the sun. These labels will be especially important on sunscreen for children, as young people tend to be more severely burned and are in greater danger than adults.

Legislative history

2009-10: Consumer Protection Committee (S.2099) 2007-08: Consumer Protection Committee (S.4720/A.77) 2005-06: Consumer Protection Committee (S.5475-A/A.983-B) 2004: Consumer Protection Committee (S.6448/A.1061)

Fiscal implications

There should be no fiscal impact to the industry. Many of these products already have coded expiration dates with numbers that have meaning only to the manufacturer. This bill would only require that these expiration dates be clear and conspicuous.

Effective date

This act shall take effect on the one hundred eightieth day after becoming law.