Requires a warning to be printed on baby-bottle and sippy cup packaging concerning tooth decay

BILL NUMBER:S5317

Title of bill

An act to amend the general business law, in relation to requiring a warning to be printed on baby-bottle and sippy cup packaging concerning tooth decay

Purpose

The purpose of this bill is to protect the safety of young children by requiring baby bottles and sippy cups to bear a label containing a warning regarding the risk of early childhood tooth decay associated with the prolonged use of such products.

Summary of provisions

Section 1 adds new section 391-r to the general business law providing a definition for "sippy cup" and "packaging"; provides warning message; and specifies a civil penalty for violation.

Justification

It is crucial that parents and other caregivers are made aware of the health hazards to infant and children's teeth directly attributed to the overuse of sippy cups. Sippy cups provide a convenience and a means of pacifying; parents and caregivers often allow a child to carry the sippy cup for prolonged amounts of time, including time spent sleeping. During that time, sugary beverages other than water can pool in the child's mouth causing tooth decay. According to the American Academy of Pediatric Dentistry, sippy cups are intended to wean a child off of a bottle and transition them into using a cup. Parents often see sippy cups as a convenience, a pacifier, and a way to reduce spilling in the home. The Academy adds further light to a Centers for Disease Control (CDC) report comparing the dental health of Americans in 1988-1994 and 1999-2002. That report found that while cavities decreased among older children, cavities in two- to five-year-olds actually increased 15.2 percent. This legislation is intended to promote better oral health outcomes among infants and children. In addition to resulting in fewer cavities among young children, it is believed that as a result of increased awareness among parents about the benefits of limiting the time a child may drink from a sippy cup this legislation may result in a lower rate of dental malformations and other oral defects caused by the frequent use of sippy cups by small children. This bill addresses the concerns raised by the Governor in his veto of similar legislation in 2010 (A.4501-A). The bill revises the definition of "sippy cup to exclude travel or "to-go" mugs and sports bottles. The bill also revises the required warning label by including language that clarifies the meaning of "prolonged periods" and specifically referencing the risk of allowing children to go to sleep with a baby bottle or sippy cup.

Legislative history

2010: S.8014- Passed Both Houses; Veto Memo 6719

Fiscal implications

None to the State.

Effective date

One hundred and eighty days after enactment.