A2244

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman CARMEN THERESA MORALES

District 34 (Essex)

Co-Sponsored by:

Assemblywoman McCoy

SYNOPSIS

Bans carcinogens, reproductive toxicants, flame resistant chemicals, and volatile organic compounds from certain hair products.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act banning certain substances from hair products and supplementing P.L.1960, c.39.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Carcinogen” means any chemical identified as follows:

(1) “Group 1 carcinogen” or “group 2A carcinogen” by the World Health Organization or the International Agency for Research on Cancer;

(2) “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 paragraph 4 of subsection (b) of the “Public Health Service Act” (42 U.S.C. s.241); or

(3) “Group A carcinogens” or “group B carcinogens” by the United States Environmental Protection Agency.

“Chemical” means 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.

“Hair product” means a product made through the synthesis of artificial materials such as polyester, nylon, acrylic, or cellulose to create fibers that undergo various processes to resemble human hair.

“Reproductive toxicant” means a chemical identified as a reproductive or developmental toxicant by the United States Department of Health and Human Services, National Toxicology Program, Center for the Evaluation of Risks to Human Reproduction.

“Volatile organic compound” means the same as that term is defined by section 2 of P.L.1995, c.188 (C.26:2C-2).

b. It shall be an unlawful practice and a violation of P.L.1960, c.39 for any person to manufacture, sell, distribute, or offer for sale in this State a hair product that emits volatile organic compounds when used as intended, or contains an intentionally added carcinogen, reproductive toxicant, or flame resistant chemical.

2. This act shall take effect on the first day of the thirteenth month after enactment except that the Director of the Division of Consumer Affairs may take any anticipatory administrative action as may be necessary to effectuate the provisions of this act.

STATEMENT

This bill bans certain materials from being intentionally added to hair products manufactured, sold, or distributed in this State.

The bill defines hair product to mean a product made through the synthesis of artificial materials such as polyester, nylon, acrylic, or cellulose to create fibers that undergo various processes to resemble human hair.

Under the bill, carcinogens, reproductive toxicants, volatile organic compounds (VOCs), and flame resistant chemicals are prohibited from being intentionally added to hair products. The bill defines a carcinogen as a chemical identified by the World Health Organization as a “Group 1 carcinogen” or “group 2A carcinogen”; a chemical identified by the U.S. Department of Health and Human Services as “known to be a human carcinogen” and “reasonably anticipated to be a human carcinogen”; or a chemical recognized by the Environmental Protection Agency as “group A carcinogens” or “group B carcinogens.” The bill also defines reproductive toxicant to mean any chemical identified by the U.S. Department of Health and Human Services as a reproductive or developmental toxicant.

The bill provides that it is an unlawful practice and a violation of the consumer fraud act for any person to manufacture, sell, distribute, or offer for sale in this State a hair product that emits VOCs when used as intended, or contains an intentionally added carcinogen, reproductive toxicant, or flame resistant chemical. A violation of the bill’s provisions 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.