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S434Senate2019-2020 SessionSame asA1041

Child-Proof Laundry Pod Packaging

Official title

“Relates to child proofing liquid detergent packets”

Sponsor Brad Hoylman-SigalSD-27Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

This bill requires liquid detergent packets sold in New York to be individually wrapped in child-resistant, opaque packaging with clear safety warnings.

Why it matters

  1. Addresses accidental poisonings. By mandating child-resistant, opaque, and non-attractive packaging for detergent packets, the bill directly targets the risk of children mistaking brightly colored pods for candy, which has led to numerous cases of poisoning and injury.

  2. Creates industry-wide standards. The law would require all manufacturers, distributors, and retailers to comply with the same packaging and labeling rules, potentially setting a precedent for similar regulations in other states or at the federal level.

  3. Increases consumer awareness. The required bold, clear safety warnings on both individual packets and outer packaging aim to improve adult awareness of the hazards, potentially reducing unsafe storage and careless handling at home.

  4. May affect product cost and convenience. Individually wrapping each packet in special child-resistant packaging could increase manufacturing costs and environmental waste, potentially impacting prices, packaging design, and consumer habits.

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Who cares

Headline styles

Child-Proof Laundry Pod Packaging

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

Chair, Judiciary

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. 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.

A1041Assembly

Child-Proof Laundry Pod Packaging

In Assembly Committee · Consumer Affairs And Protection · Sponsor Aravella Simotas

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

434

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. HOYLMAN -- 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 child proofing liquid detergent packets

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 399-ggg to read as follows:

§ 399-ggg. Packaging of liquid detergent packets. 1. For purposes of this section:

(a) "liquid detergent packets" shall mean a consumer product that consists of a liquid or gel detergent enclosed in a water soluble outer layer and is designed to be placed in a washing machine;

(b) "child-resistant wrapper" shall mean an opaque covering of the liquid detergent packet that is not easily permeated by a child's bite, which has a uniform color that is not attractive to children; and

(c) "package" shall mean overall child-resistant stock keeping item that contains liquid detergent packages.

2. No person, firm, partnership, association or corporation shall distribute, sell at retail or offer for retail sale in this state any liquid detergent packets, unless the liquid detergent packets are contained in a child-resistant wrapper which is designed to prevent accidental exposure of children to liquid detergent.

3. No person, firm, partnership, association or corporation shall distribute, sell at retail or offer for retail sale in this state any liquid detergent packets unless such liquid detergent packets are designed in an opaque, uniform color that is not attractive to children and is not easily permeated by a child's bite.

4. Each liquid detergent packet shall be enclosed in a separate, individual, non-permeable, child-resistant wrapper containing a warning

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01485-01-9

S. 434 2

stating "WARNING: HARMFUL IF PUT IN MOUTH OR SWALLOWED. EYE IRRITANT. KEEP OUT OF REACH OF CHILDREN".

5. Every package of liquid detergent packets distributed, sold at retail, or offered for retail sale in this state shall contain a warning concerning the dangers of the exposure of liquid detergent packets to children. Such warning shall be readable and conspicuously placed on the package and shall state: "LIQUID DETERGENT PACKETS ARE NOT FOR HUMAN CONSUMPTION. HARMFUL IF SWALLOWED OR EXPOSED TO THE EYES OR SKIN. KEEP OUT OF REACH AND SIGHT OF CHILDREN. IN CASE OF EXPOSURE CONTACT A PHYSI- CIAN OR POISON CONTROL CENTER IMMEDIATELY".

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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 child proofing liquid detergent packets

Purpose or general idea of bill

To prevent accidental poisonings and injuries by establishing child safety standards for liquid detergent packets.

Summary of specific provisions

This bill amends the general business law to add a new section 399-ggg. Subdivision 1 defines "liquid detergent packets" to mean a consumer product that consists of a liquid or gel detergent enclosed in a water soluble outer layer and is designed to be placed in a washing machine; defines "child-resistant wrapper" to mean an opaque covering of the liquid detergent packet that is not easily permeated by a child's bite, which has a uniform color that is not attractive to children; and defines "package" to mean overall child-resistant stock keeping item that contains liquid detergent packages.

Read the full memo (683 words)

Subdivision 2 requires liquid detergent packets to be sold in child-re- sistant wrappers which are designed to prevent accidental exposure of children to liquid detergent.

Subdivision 3 provides that any liquid detergent packets sold or offered for sale must be designed in an opaque, uniform color that is not attractive to children and is not easily permeated by a child's bite.

Subdivision 4 requires that each liquid detergent packet be enclosed in a separate, individual, non-permeable, child-resistant wrapper contain- ing a warning stating, "WARNING: HARMFUL IF PUT IN MOUTH OR SWALLOWED. EYE IRRITANT. Keep out of reach of children."

Subdivision 5 requires every package of liquid detergent packets to contain a readable and conspicuously placed warning label stating that the products are harmful if swallowed or exposed to the eyes or skin and directing consumers to keep the packets out of reach and sight of chil- dren and contact a physician or poison control center immediately in case of exposure.

Justification

Over the past few years, there has been a rapid increase in accidental poisonings from liquid detergent packets. The high concentration of chemicals makes these products especially hazardous to small children, who may be attracted to their bright colors or mistake them for candy. From 2013-2015, there were over 49,000 reported cases of young children ingesting or inhaling the contents of liquid detergent pods. These inci- dents have had severe consequences, including seizures, cardiac and respiratory arrest, vomiting blood, pulmonary edema, gastric burns, coma, and even death.

In addition to small children, liquid detergent pods pose a risk to the elderly and disabled and endanger household pets. There have been several fatal accidents involving patients with dementia accidentally ingesting the contents of detergent packets, and each year the ASPCA Animal Poison Control Center receives numerous reports of severe injury and death resulting from animals eating the pods.

In January 2018, a social media trend spread among teenagers known as the "Tide Pod Challenge." This "viral" trend entailed posting online videos of young adults biting into brightly colored liquid detergent packets, choking, and spitting out the soap. This dangerous activity underscores the need for stronger consumer protections to prevent the ingestion of these packets.

It is critical that we take precautions to reduce exposure to these toxic products and prevent life-threatening accidents. Current industry recommendations for laundry pods include warning labels and childproof containers, but these standards are not mandatory for manufacturers. This legislation will bring the regulation of detergent packets in line with other hazardous household products by requiring child-resistant packaging and clear warning labels informing consumers of the dangers of exposure. Additionally, the bill will require manufacturers to enclose each packet in an individual wrapper and change the design of laundry pods to make them less appealing to children. These common sense safety measures will ensure these potentially lethal products are not easily accessible to those most vulnerable.

Prior legislative history

S.0100-A of 2017-2018 (Hoylman): Died in Consumer Protection A.4646-A of 2017-2018 (Simotas): Died in Consumer Affairs & Protection S.6468-A of 2016 (Hoylman): Died in Consumer Protection A.8602-A of 2015-2016 (Simotas): Died in Consumer Affairs & Protection (2015)/Died in Codes (2016)

Fiscal implications

None.

Effective date

180 days after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.