BILL NUMBER:  S610

 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-q 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
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 and should be used only as
directed. Subsection 2 states that a retailer who violates the
provisions of subdivision one of this section shall be subject to a
stop removal order to permanently remove such units from sale for a
first violation and to a civil penalty not to exceed five hundred
dollars for each subsequent violation.  Manufacturers, wholesalers and
distributors who violate the provisions of subdivision one of this
section shall be subject to 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 died recently from an accidental 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, especially 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 needed, 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.6281 - 3rd Reading Calendar/A.9281 - Referred to Consumer
Affairs & Protection.
2007: S.6281 - Referred to Rules/A.9281 - Referred to Consumer Affairs
& Protection.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.