S T A T E O F N E W Y O R K
________________________________________________________________________
8291
I N S E N A T E
February 9, 2022
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Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting cosmetic products and personal care products that contain
mercury
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
mercury salts stop the production of melanin, which is a pigment that
makes skin darker and is an active ingredient in skin lightening cosmet-
ics and products. The Minamata Convention on mercury establishes a limit
of 1 mg/kg (1ppm) for skin lightening products, but many cosmetic
products have higher levels to increase lightening effect. Advertisers
and marketers promote and reinforce lighter skin tones as a more desira-
ble beauty standard than darker skin tones. Images of individuals with
lighter and/or 'Caucasian' skin tones saturate the media as acceptable
while many darker skin and/or people of color individuals are demeaned
and diminished, often called derogatory names and slurs. These images
reinforce to individuals that lighter skin tones are not only more beau-
tiful but also acceptable. Skin lightening products prey off these
images to promote and increase sales. With widespread sales, the skin
lightening industry has become one of the fastest growing beauty indus-
tries worldwide with an estimated increasing worth of $31.2 billion by
2024. There is growing legislation to prohibit the sale and manufacture
of mercury containing products. Even with growing prohibitions, skin
lightening products containing mercury is still widely available and
easily obtainable, particularly through Internet sales and online
promotions, often being sold through mobile apps. Skin lightening
products containing mercury are available for sale through social media
sites, online and brick and mortar stores. These products are manufac-
tured abroad and often sold illegally and in high amounts in the United
States in small shops and informal markets that target Latino, Asian,
African, Indian, and Middle Eastern communities. Consumers may be
unaware of the harmful effects of mercury in skin lightening products. A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14088-01-1
S. 8291 2
case reported in the Center for Disease Control and Prevention (CDC)
journal of MORBIDITY AND MORTALITY WEEKLY REPORT (December 20, 2019)
narrated the experiences of a 47-year-old Mexican woman who consistently
applied a skin-lightening cream to her face twice daily for seven years.
Over the years, the woman began to experience weakness in her arms,
blurred vision, slurred speech, and difficulty walking. Testing found
high levels of mercury in both her blood and urine. Purchased from Mexi-
co, the skin lightening cream contained 12,000 ppm of mercury. Even
chelation therapy did not reverse her symptoms and the high levels and
accumulation of mercury left her unable to talk or even take care of
herself leaving her reliant on a feeding tube. Her case is the first
known case of contamination of skin lightening cream with methyl mercury
(or any congener, including methylmercury iodide). High levels of mercu-
ry can be absorbed in the skin and cause skin rashes, skin discolora-
tions, kidney damage, psychosis, and peripheral neuropathy among other
adverse effects. Mercury exposure is not just a problem for users of the
product. Inhaling vapors from mercury products is also a source of
exposure. Additionally, once users rinse the product from their skin,
it becomes wastewater and enters into the environment becoming methylat-
ed potentially contaminating food and water. Prohibiting the manufac-
ture, sale, import and export of mercury in skin lightening products can
prevent users from suffering harmful effects in an attempt to achieve an
unattainable and imposed beauty standard.
§ 2. The environmental conservation law is amended by adding a new
section 37-0118 to read as follows:
§ 37-0118. PROHIBITION OF COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS
CONTAINING MERCURY.
1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "COSMETIC PRODUCT" MEANS ANY ARTICLE (A) INTENDED TO BE RUBBED,
SPRINKLED, OR SPRAYED ON, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE
HUMAN BODY OR ANY PART THEREOF FOR BEAUTIFYING, PROMOTING ATTRAC-
TIVENESS, OR ALTERING THE APPEARANCE, AND (B) INTENDED FOR USE AS A
COMPONENT OF ANY SUCH ARTICLE. THE TERM "COSMETIC PRODUCT" SHALL NOT
INCLUDE ANY PERSONAL CARE PRODUCT FOR DISTRIBUTION OR DISPENSATION AS
PROVIDED IN SECTION TWO HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW OR
SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
(B) "INTERNET SALES" SHALL MEAN ANY ORDER OR SALES PLACED BY A
PURCHASER THROUGH A WEBSITE, SOFTWARE APPLICATION, SOCIAL MEDIA, OR
OTHER METHOD USING THE INTERNET, COMPUTER OR MOBILE DEVICE THAT DOES NOT
BELONG TO THE SELLER. THE TERM DOES NOT INCLUDE AN ORDER PLACED BY TELE-
PHONE CALL, REGARDLESS OF WHETHER THE CALL IS COMPLETED USING VOICE OVER
INTERNET PROTOCOL.
(C) "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
SHIP, LIMITED LIABILITY COMPANY, OR CORPORATION WHICH PRODUCES,
PREPARES, FORMULATES, OR COMPOUNDS A PERSONAL CARE PRODUCT, OR WHOSE
BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN THE CASE OF A PERSONAL CARE
PRODUCT IMPORTED INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
MANUFACTURES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT
DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
(D) "MERCURY" SHALL MEAN ELEMENTAL MERCURY HG, MERCURIC IODIDE, MERCU-
RY OXIDE, MERCUROUS CHLORIDE, ETHYL MERCURY, PHENYL MERCURIC SALTS,
AMMONIATED MERCURY, AMIDE CHLORIDE OF MERCURY, MERCURY SULFIDE OR CINNA-
BARIS, MERCURY IODIDE OR MERCURY POISON.
S. 8291 3
(E) "SKIN-LIGHTENING PRODUCT" SHALL MEAN ANY PRODUCT INTENDED TO BE
PLACED ON THE SKIN RESULTING IN A LIGHTENING EFFECT.
2. NO PERSON SHALL DISTRIBUTE OR SELL ANY COSMETICS, TOILETRIES, OR
FRAGRANCES CONTAINING MERCURY IN STORES OR THROUGH INTERNET SALES. SKIN
LIGHTENING PRODUCTS CONTAINING HYDROQUINONE SHALL BE PROHIBITED UNLESS
PRESCRIBED BY A LICENSED DERMATOLOGIST. ANY PERSON WHO SELLS OR DISTRIB-
UTES COSMETICS, TOILETRIES, OR FRAGRANCES CONTAINING MERCURY IN THIS
STATE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND
DOLLARS FOR EACH DAY OF THE FIRST VIOLATION, AND IN ADDITION THERETO,
SUCH PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. A PERSON
SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO
EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY OF A SECOND
VIOLATION, AND IN ADDITION THERETO, SUCH PERSON MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION.
3. ANY PERSON IN THIS STATE MANUFACTURING COSMETICS, TOILETRIES, OR
FRAGRANCES CONTAINING MERCURY SHALL CLEARLY AND CONSPICUOUSLY DISCLOSE
THE LEVEL OF MERCURY IN THE PRODUCT. DISCLOSURE SHALL BE PUBLICLY
DISPLAYED ON A PRODUCT LABEL, THE MANUFACTURER'S WEBSITE, ANY ONLINE
SITE WHO OFFERS FOR RETAIL SUCH PRODUCT, AND ANY CIRCULAR OR ADVERTISE-
MENT DISTRIBUTED TO A CONSUMER. A MANUFACTURER WHO FAILS TO DISCLOSE THE
LEVEL OF MERCURY IN ITS COSMETICS, TOILETRIES, OR FRAGRANCES IS LIABLE
FOR NEGLIGENCE. THE COURTS MAY ISSUE A PERMANENT INJUNCTION AND FINE FOR
ANY MANUFACTURER WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION.
4. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
§ 3. This act shall take effect immediately.
