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Bill

A 11360

Requires the labeling of certain baby cosmetic products

2025 Regular Session

Requires clear ingredient labeling on infant cosmetics in NY with a visible warning if any ingredient is a carcinogen.

REPORTED REFERRED TO CODES
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Bill Summary · A 11360

Overview

Bill A-11360 (2025-2026 Session, New York) proposes labeling requirements for infant cosmetic products to ensure consumers are informed about ingredients and potential carcinogens. The bill was introduced by the Rules Committee (at the request of Assembly Member Lee) and referred to the Consumer Affairs and Protection Committee, with eventual referral to Codes after passage in committee.

Main purpose and intent

  • To require clear, conspicuous labeling of ingredients on infant cosmetic products sold in New York.
  • To mandate an explicit warning if any included ingredient is a known carcinogen, informing consumers at the point of sale.

Key provisions and changes

  1. Definitions (New section 399-aaaaaaa)

    • Carcinogen: Defined as in section 391-x of the General Business Law.
    • Ingredient: Any intentionally added substance in an infant cosmetic product.
    • Infant cosmetic product: Lotion, cream, moisturizer, ointment, oil, or similar product marketed for infants or young children.
    • Intentionally added ingredient: Elements or compounds intentionally added with a functional/technical effect, including fragrance, flavoring, and colorant components and their breakdown products.
    • Manufacturer: Any person, firm, corporation, or association that manufactures, processes, or packs infant cosmetic products for sale or distribution in New York.

  2. Ingredient labeling (Section 399-aaaaaaa, subsection 2)

    • Any infant cosmetic product containing ingredients must display a clear and conspicuous list of ingredients.
    • List must be in order of predominance.
    • Label must appear on the packaging or be affixed to it.
    • Type size must be at least 12-point font.

  3. Carcinogen warning label (Section 399-aaaaaaa, subsection 3)

    • If a product contains a carcinogen, it must display a clear and conspicuous warning on the packaging or product itself.
    • Warning must be in at least 12-point type.
    • Warning text: "This product contains a chemical known to cause cancer."

  4. Manufacturer responsibilities (Section 399-aaaaaaa, subsection 4)

    • Manufacturers are responsible for ensuring compliance with both ingredient labeling and carcinogen warning requirements.

  5. Enforcement and penalties (Section 399-aaaaaaa, subsection 5)

    • The Attorney General may file for an injunction in a special proceeding to stop violations, with notice to the defendant.
    • If a violation is proven, courts may impose civil penalties:
      • Up to $250 for the first offense.
      • Up to $500 for each subsequent offense.
    • The Attorney General may issue subpoenas and take proof as part of proceedings (consistent with Civil Practice Law and Rules).

  6. Effective date (Section 2)

    • The act takes effect 180 days after becoming law.

Who is affected

  • Infant cosmetic product manufacturers, processors, and packers selling products in New York.
  • Retailers and distributors of infant cosmetic products in New York (indirectly, through labeling compliance requirements).
  • Consumers (parents/guardians) purchasing infant cosmetics, who would receive ingredient information and carcinogen warnings.

Procedural and timeline details

  • Introduction date: May 13, 2026.
  • Initial committee referrals: Consumer Affairs and Protection; later referred to Codes.
  • Effective date: 180 days after enactment into law.
  • Enforcement: Attorney General can pursue injunctive relief and civil penalties; penalties escalate with repeated violations.

Potential impact

  • Enhanced transparency: Clear listing of all ingredients, with prominence given to ingredients by predominance.
  • Consumer safety notification: Visible warnings for products containing carcinogens, aiding informed purchase decisions.
  • Compliance burden: Manufacturers must audit formulations to ensure accurate ingredient lists and identify any carcinogens, updating labels accordingly.
  • Penalty deterrence: Financial penalties serve as a enforcement mechanism to encourage adherence.

This summary covers the bill’s scope, requirements, affected parties, and practical implications for labeling infant cosmetic products in New York.

Compiled from official sources — confirm details with the bill’s official record.

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