§ 391-X — Hair relaxer labeling

* § 391-x. Hair relaxer labeling. 1. For purposes of this section:\n a. "Hair relaxer" shall mean any product topically applied to hair for\nthe purpose of weakening the structure and curliness of the hair fiber\nand allowing for a straightening of the hair;\n b. "Manufacturer" shall mean a person, firm, association, partnership\nor corporation who manufactures the final hair relaxer or whose brand\nname is affixed to the product. In the case of a product that was\nimported into the United States, "manufacturer" includes the importer or\nfirst domestic distributor of the product if the entity who currently\nmanufactures or assembles the product or whose brand name is affixed to\nthe product does not have a presence in the United States;\n c. "Chemical" shall mean a substance with a distinct molecular\ncomposition or a group of structurally related substances and includes\nthe breakdown products of the substance or substances that form through\ndecomposition, degradation or metabolism;\n d. "Carcinogen" shall mean any chemical identified as:\n (i) a "Group 1 carcinogen" or "Group 2A carcinogen" by the World\nHealth Organization or International Agency for Research on Cancer;\n (ii) "known to be a human carcinogen" and "reasonably anticipated to\nbe a human carcinogen" by the Secretary of the United States Department\nof Health and Human Services pursuant to the Public Health Service Act,\n42 United States Code, Section 241(b)(4), as amended; and\n (iii) "Group A carcinogens" or "Group B carcinogens" by the United\nStates Environmental Protection Agency; and\n e. "Reproductive toxicant" is any chemical identified as a\nreproductive or a developmental toxicant by the United States Department\nof Health and Human Services, National Toxicology Program, Center for\nthe Evaluation of Risks to Human Reproduction.\n 2. Any hair relaxer being offered for sale in the state of New York\nthat contains a carcinogen or a reproductive toxicant shall provide a\nclear and conspicuous warning label displayed on the packaging or\nproduct itself, which shall be printed in type no less than size\ntwelve-point font, that notifies the consumer at the time of the sale\nthat such hair relaxer contains such chemicals. The warning label shall\nstate:\n (i) if a product contains a carcinogen: "This product contains a\nchemical known to cause cancer";\n (ii) if a product contains a reproductive toxicant: "This product\ncontains a chemical known to cause birth defects or other reproductive\nharm"; or\n (iii) if a product contains both a carcinogen and a reproductive\ntoxicant: "This product contains chemicals known to cause cancer and\nbirth defects or other reproductive harm".\n 3. Manufacturers shall be responsible for ensuring that all hair\nrelaxers display the warning label as required by subdivision two of\nthis section.\n 4. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. Whenever the court\nshall determine that a violation of this section has occurred, the court\nmay impose a civil penalty up to two hundred fifty dollars per unit for\nthe first offense and up to five hundred dollars per unit for each\nsubsequent offense. In connection with any such proposed application,\nthe attorney general is authorized to take proof and make a\ndetermination of the relevant facts and to issue subpoenas in accordance\nwith the civil practice law and rules.\n * NB Effective May 21, 2027\n