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

BILL NUMBER:S6403B

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 providing for the repeal of such provisions upon expiration thereof

Purpose

This bill would require certain sunscreen products to be labeled with expiration dates.

Summary of provisions

Section 1 of the bill adds a new section 399-j to the General Business Law to require that certain sunscreen products sold in the state be labeled with an expiration date.

Section 2 provides the effective date.

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 way 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.

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 protec- tive against the sun's rays after a certain point. A clear and conspicu- ous 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. 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 are especially important with children's sunscreen, as young people tend to be more severely burned and are in greater danger than adults.

Legislative history

2013: Consumer Protection Committee (S.5645) 2011-12: Consumer Protection Committee (S.4354/A.4435) 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

To be determined.

Effective date

This act shall take effect two years after it shall have become a law; provided that it shall be repealed upon the adoption by the United States Food and Drug Administration of a final OTC drug monograph for sunscreen products.