Prohibits the sale of magnetic jewelry which is meant to mimic a tongue piercing and requires a warning printed on other products containing a small magnet

BILL NUMBER:S5552

Title of bill

An act to amend the general business law, in relation to products containing small magnets

Purpose or general idea of bill

This bill prohibits the sale of magnetic jewelry which is meant to mimic a tongue, lip or nose piercing and requires a warning printed on other products containing a small magnet.

Summary of specific provisions

1: 1. Adds a new section, 396-11 to the general business law entitled "Products containing small magnets." It defines small magnets as those which can fit into a 2.25 by 1.25 inch small parts test cylinder.

2. Prohibits persons, firms, corporations and other legal entities from selling or distributing jewelry meant to mimic a tongue, lip or nose piercing containing small magnets.

3. Requires persons, firms, corporations and other legal entities which sell or distribute any children's product or magnet novelty consumer product, as defined in the bill, containing a small magnet to affix clear warning labels stating "Warning! This product contains magnets. Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury. Seek immediate medical attention of one or more magnets are swallowed or inhaled."

4. Authorizes the attorney general to file an application for an injunc- tion on behalf of the people of New York in the event of a violation. States the judge may file an injunction without requiring Proof that a person has been injured. If the court has determined a violation has occurred, the court may impose a civil penalty of not more than two thousand dollars.

§ 2 This act shall take effect on the 120th day after it shall have become law.

Justification

If swallowed or inhaled, magnets can attach to each other or other metallic objects in the body and cause severe internal damage. While this fact should lead on to the logical conclusion that one should not put magnets in your mouth, some retailers presently sell magnetic jewel- ry meant to mimic a tongue, lip or nose piercing. In 2006 the Centers for Disease Control and Prevention issued a warning about the health risks posed by these products. In January 2012, a Brooklyn boy was rushed to the hospital after swallowing just this type of magnetic faux tongue ring. If not treated immediately, swallowing a magnet can cause

damage almost the equivalent of a gunshot abdominal wound. At least 22 kids have swallowed magnets of all types in the last three years accord- ing the US Consumer Product Safety Commission. It is important that we take action to remove these magnetic tongue rings from the market and alert consumers of the danger small magnets pose if ingested.

Prior legislative history

01/27/12 referred to consumer affairs and protection 04/10/12 amend and recommit to consumer affairs and protection 04/10/12 print number 9140a 04/26/12 amend and recommit to consumer affairs and protection 04/26/12 print number 9140b 05/01/12 reported referred to codes 05/24/12 amend and recommit to codes 05/24/12 print number 9140c

Fiscal implications

None

Effective date

This act shall take effect on the 120th day after it shall have become law.