N.Y. General Business Law § 391-x: Hair relaxer labeling

* § 391-x. Hair relaxer labeling. 1. For purposes of this section:

a. "Hair relaxer" shall mean any product topically applied to hair for

the purpose of weakening the structure and curliness of the hair fiber

and allowing for a straightening of the hair;

b. "Manufacturer" shall mean a person, firm, association, partnership

or corporation who manufactures the final hair relaxer or whose brand

name is affixed to the product. In the case of a product that was

imported into the United States, "manufacturer" includes the importer or

first domestic distributor of the product if the entity who currently

manufactures or assembles the product or whose brand name is affixed to

the product does not have a presence in the United States;

c. "Chemical" shall mean a substance with a distinct molecular

composition or a group of structurally related substances and includes

the breakdown products of the substance or substances that form through

decomposition, degradation or metabolism;

d. "Carcinogen" shall mean any chemical identified as:

(i) a "Group 1 carcinogen" or "Group 2A carcinogen" by the World

Health Organization or International Agency for Research on Cancer;

(ii) "known to be a human carcinogen" and "reasonably anticipated to

be a human carcinogen" by the Secretary of the United States Department

of Health and Human Services pursuant to the Public Health Service Act,

42 United States Code, Section 241(b)(4), as amended; and

(iii) "Group A carcinogens" or "Group B carcinogens" by the United

States Environmental Protection Agency; and

e. "Reproductive toxicant" is any chemical identified as a

reproductive or a developmental toxicant by the United States Department

of Health and Human Services, National Toxicology Program, Center for

the Evaluation of Risks to Human Reproduction.

2. Any hair relaxer being offered for sale in the state of New York

that contains a carcinogen or a reproductive toxicant shall provide a

clear and conspicuous warning label displayed on the packaging or

product itself, which shall be printed in type no less than size

twelve-point font, that notifies the consumer at the time of the sale

that such hair relaxer contains such chemicals. The warning label shall

state:

(i) if a product contains a carcinogen: "This product contains a

chemical known to cause cancer";

(ii) if a product contains a reproductive toxicant: "This product

contains a chemical known to cause birth defects or other reproductive

harm"; or

(iii) if a product contains both a carcinogen and a reproductive

toxicant: "This product contains chemicals known to cause cancer and

birth defects or other reproductive harm".

3. Manufacturers shall be responsible for ensuring that all hair

relaxers display the warning label as required by subdivision two of

this section.

4. 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 such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. Whenever the court

shall determine that a violation of this section has occurred, the court

may impose a civil penalty up to two hundred fifty dollars per unit for

the first offense and up to five hundred dollars per unit for each

subsequent offense. 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.

* NB Effective May 21, 2027