What's happening
This bill requires warning labels on sports or muscle creams containing methyl salicylate and imposes fines for violations.
Why it matters
Increases consumer safety awareness. by ensuring that individuals are directly warned about the presence of methyl salicylate, an ingredient that can be hazardous if overused or misused, especially in children or people with certain health conditions.
Places new compliance requirements on retailers and manufacturers. , potentially impacting how these products are packaged, labeled, and marketed in New York, and may lead to reformulation or relabeling costs for businesses.
Empowers consumers to make more informed decisions. about over-the-counter products that may carry health risks, particularly those marketed for pain relief or athletic use, and encourages consultation with medical professionals.
Introduces a financial deterrent. (up to $500 per violation), which could motivate companies to adhere strictly to labeling rules and reduce the likelihood of unintentional misuse or harm from these products.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Warning on Muscle Creams
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3441
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
Introduced by Sen. LANZA -- 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 warning labels on certain sports and muscle creams
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Arielle's law".
§ 2. The general business law is amended by adding a new section 391-u to read as follows:
§ 391-u. Sale or promotional distribution of sports or muscle cream containing methyl salicylate. 1. No person, firm, corporation or any other entity shall sell or offer to sell, or give away as part of a promotional distribution, any form of sports or muscle cream containing methyl salicylate unless a warning label is displayed thereon stating that the product contains methyl salicylate, should be used only as directed, and that a physician should be consulted prior to such use.
2. Violation of the provisions of subdivision one of this section is punishable, as a civil penalty, by a fine not to exceed five hundred dollars for each violation thereof.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09738-01-9
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 warning labels on certain sports and muscle creams
Purpose
Provides that any sport or muscle cream sold or given away must have a warning label if it contains methyl salicylate.
Summary of provisions
Section 1 deems that this act shall be known as "Arielle's law."
Section 2 amends the general business law by adding a new section 391-u to mandate that no person, firm, corporation or any other entity shall sell or offer to sell, or give away as part of a promotional distrib- ution, any form of sports or muscle cream containing methyl salicylate unless a warning label is displayed thereon stating that the product contains methyl salicylate and should be used only as directed. Subsection 2 states that violation of the provisions of subdivision one of this section shall result in a civil penalty not to exceed five hundred dollars for each violation thereof.
Section 3 creates an immediate effective date.
Justification
A high school track star, Arielle Newman, died recently from an acci- dental overdose of methyl salicylate, which is a wintergreen-scented ingredient found in liniments such as Ben Gay, Tiger Balm, and Icy Hot. The 17 year olds' death points to an urgent need for clearer warnings about the risks of using products containing methyl salicylate, espe- cially because muscle creams have become increasingly more common in locker rooms throughout the country. Often, adolescents and parents believe that products sold over the counter, with no prescription need- ed, are one hundred percent safe. Excess use of over the counter sports creams, or in combination with other creams can produce unsafe results. Exercise and heat can accentuate absorption of methyl salicylate into the body. Nausea, vomiting, fatigue, dizziness, convulsions, and agitation are symptoms of salicylate poisoning. One ounce of Ultra Strength Ben Gay contains 30% methyl salicylate, 10% menthol, and 4% camphor; the salicylate content of 1 teaspoon of oil of wintergreen is equivalent to 21 regular strength aspirin tablets. Clearly, parents and athletes need to be reminded about the importance of using over the counter agents as directed, and about the potential consequences of excess' use. Enacting legislation to ensure that sports creams display warning labels is a crucial step to preventing further incidents from occurring.
Legislative history
2008: S.6281C - 3rd Reading Calendar/A.9281A - Referred to Consumer Affairs and Protection 2007: S.6281A - Referred to Rules/A.9281 - Referred to Consumer Affairs and Protection
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.