Legislative Memo

T 518.465.7511


S.6281 (Lanza) / A.9281-A (Titone)



Product Labeling



June 20, 2008


The Business Council is opposed to this legislation, which would require that any sport or muscle cream containing methyl salicylate must have a warning label stating that it contains this ingredient, and that it should be used only as directed. This legislation is unnecessary because the federal government already regulates the labeling of over-the-counter treatments. In addition, state-specific labeling laws, such as this proposal, would create a significant impediment to interstate commerce.

Current federal Food and Drug Administration regulations already require all over the counter drug labels to contain information about product ingredients and safe use. The FDA has an extensive clinical review process in place that supports product labeling. Congress has recognized that state and local labeling requirements that differ from federal requirements would create contradictory directions and warnings, confuse consumers and undermine public confidence in the federal government's regulatory system.

The majority of manufacturers produce and distribute products on a regional, if not a national basis. Due to the interstate nature of this process, state-specific labeling laws would create a significant impediment to interstate commerce.

The Business Council opposes the creation of a state-specific labeling law, and respectfully urges the rejection of A.9281-A / S.6281-C.