What's happening
This bill restricts the sale and labeling of products containing small magnets, especially those marketed as jewelry or novelty items, to protect consumers from health risks.
Why it matters
Addresses a serious safety hazard for children and adults. Small magnets, if swallowed, can cause life-threatening injuries by attracting across intestinal walls, leading to infections, blockages, or even death, making their regulation a significant public health measure.
Targets products that might appeal to vulnerable populations. The bill specifically restricts jewelry marketed to mimic tongue, lip, or nose piercings—items that may particularly attract children or teenagers, who are at higher risk for accidental ingestion.
Requires clear consumer warnings on novelty products. By mandating prominent warnings about the dangers of ingesting small magnets, the bill aims to ensure that adult consumers are better informed about the risks associated with these popular desk and stress-relief toys.
Provides legal mechanisms for enforcement and penalties. The law empowers the attorney general to seek injunctions and civil penalties against violators, signaling a strong intent to ensure compliance and deter unsafe business practices.
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Who cares
Headline styles
Ban Magnetic Fake Piercings
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Magnetic Fake Piercing Jewelry
In Assembly Committee · Consumer Affairs And Protection · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
636
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to products containing small magnets
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 396-ll to read as follows:
§ 396-ll. Products containing small magnets. 1. For purposes of this section:
(a) "small magnet" shall mean a magnet that can fit completely into a specially designed test cylinder 2.25 inches long by 1.25 inches wide that approximates the size of the fully expanded throat of a child under three years old, commonly referred to as the small parts cylinder, as prescribed in 16 CFR Section 1501.4, Figure 1; and
(b) "magnet novelty consumer product" shall mean a product marketed to adults for the purposes of leisure or stress relief that contains a magnet or magnets. Magnet novelty consumer products include, but are not limited to, office toys, desktop toys, desk toys, stress relief toys, and puzzles.
2. No person, firm, partnership, association or corporation shall manufacture, sell at retail, offer to sell, or distribute at retail, any jewelry product that includes a small magnet and which is marketed as a product designed to mimic a tongue, lip or nose piercing.
3. No person, firm, corporation or other legal entity shall manufacture, sell at retail, offer to sell at retail, or distribute any magnet novelty consumer product containing a small magnet unless such person, firm, corporation or other legal entity causes a notice, which is clearly visible to the consumer and printed in clear and conspicuous type, to appear on the package in which such product is sold or offered for sale, or if unpackaged, on a label or tag affixed to the product. Such notice
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05453-01-7
S. 636 2
shall consist of the signal word "WARNING" and contain, at a minimum, the following text or equivalent text which clearly conveys the same warning:
"This product contains (a) small magnet(s). Swallowed magnets can stick together across intestines causing serious infections and death. Seek immediate medical attention if magnet(s) are swallowed or inhaled."
4. This section shall not apply to products that comply with the magnet safety and labeling requirements of ASTM F963-11 or any subsequent revisions of such standard.
5. The department of state shall promulgate rules and regulations necessary to carry out the provisions of this section.
6. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York, to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than two thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 injunction 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 jewelry 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 according 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
2015-2016: S.5552 Died in Consumer Protection
Fiscal implications
None
Effective date
This act shall take effect on the 120th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.