Legislative Memo



A.1061 (Weisenberg)



Labeling of Sunscreen Products with Expiration Dates



January 12, 2004


This legislation would amend New York State's General Business Law by adding a new section requiring sunscreen products to be conspicuously labeled with an expiration date and recommended storage information.

The Business Council opposes this legislative initiative for the following reasons:

Current Federal Food and Drug Administration regulations require all over the counter drugs,
including sunscreen products, to carry expiration dates on both their inner and outer labels
unless the inner label is clearly visible through the packaging (21 C.F.R. 201.17).

Products which have proven to be stable for at least three years and do not have dosage limitations, such as many sunscreen products on the market, are exempt from such provisions (21 C.F.R. 211.137). Therefore, this legislation attempts to address an issue that has already been effectively addressed at the Federal level.

The Business Council of New York State, whose membership includes manufacturers of sunscreen
products, has reviewed the above mentioned legislation and opposes its enactment.