Bill > A4543

Introduced Session

This bill would prohibit the sale or distribution of any nail polish or nail hardener containing, composed of, or made with dibutyl phthalates, toluene, or formaldehyde. The bill would prohibit the sale or distribution of any nail polish or nail hardener containing, composed of, or made with the prohibited chemicals. Any seller or distributor of nail polish or nail hardener that contains the prohibited chemicals would be required to issue an immediate recall for that nail polish or nail hardener. The Director of Consumer Affairs would be required to issue an immediate recall for any nail polish or nail hardener which the director determines contains dibutyl phthalates, toluene, or formaldehyde. A retail mercantile establishment would be required to remove the nail polish or nail hardener from any display and make it unavailable for purchase within 48 hours after receiving notice that the nail products contain the prohibited chemicals, and return the recalled nail polish or hardener to the seller or distributor within 14 days. Within 60 business days after receiving nail polish or nail hardener that has been recalled, the seller or distributor would be required to dispose of the nail polish or nail hardener in a manner and location designed to remove them from access by the general public, and in compliance with all applicable laws for disposal. A person who knowingly violates these provisions would be guilty of an unlawful practice pursuant to the "Consumer Fraud Act." An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured. This bill would take effect on the first day of the seventh month following enactment.

AI Summary

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Linda Carter (D)*,  Britnee Timberlake (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 10/15/2018)