Prohibits the sale of children's products, mattresses and upholstered furniture containing fiberglass unless they contain a prominent label; defines children's product; prohibits custom upholsterers from repairing or restoring any children's product, mattress or furniture with parts that contain fiberglass; provides remedies for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7912B
SPONSOR: Weprin TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of children's products, mattresses and upholstered furniture
containing fiberglass unless they contain a prominent label
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this legislation stipulates that no manufacturer can sell
or distribute in commerce any new children's products, mattresses, or
upholstered furniture which contain fiber glass and that a custom uphol-
sterer cannot repair, reupholster, recover, restore, or renew any juve-
nile products, mattresses, upholstered furniture, reupholstered furni-
ture using fiberglass unless it contains a prominent permanent label
which informs the consumer that fiberglass can be harmful to the consum-
er if ingested, inhaled, or exposed to skin.
Section 2 states the act will take effect on January 1, 2026.
JUSTIFICATION:
Over the past decade there has been a growing concern over the health
risks that are associated with interaction and or exposure to textile
fiberglass. Textile fiberglass has been linked to a variety of health
and environmental risks. Fiberglass is commonly used as a cheap fire
retardant in juvenile products, mattresses, and upholstered furniture.
The use of these materials has raised serious concerns due to their
toxicity and the long-lasting effects in the environment it is exposed
to. The textile fiberglass poses risks during handling, repair, or
reupholstery especially in unregulated environments.
This legislation follows suit with ongoing national and state efforts to
reduce hazardous chemicals in consumer products, especially those used
by children and other vulnerable consumers. California and the European
Union have recognized the dangers of fiberglass in juvenile products,
mattresses, and upholstered furniture and banned the sale of these
products that contain fiberglass. By following suit and prohibiting the
sale of these products that contain fiberglass, we will help promote
public health, better environmental practices, and a safer New York for
all New Yorkers.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect January 1, 2026.
STATE OF NEW YORK
________________________________________________________________________
7912--B
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Consumer Affairs and Protection -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to prohibiting the
sale of children's products, mattresses and upholstered furniture
containing fiberglass unless they contain a prominent label
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-iii to read as follows:
3 § 399-iii. Labeling of children's products, mattresses and upholstered
4 furniture containing fiberglass. 1. For purposes of this section:
5 (a) "Children's product" shall mean a product, other than clothing,
6 primarily intended for use by infants and children under twelve years of
7 age. The following shall be considered in determining if the product is
8 intended for a child under twelve years of age:
9 (i) A statement by a manufacturer about the intended use of such toy
10 or article, including a label on such toy or article;
11 (ii) The context and manner of the advertising, promotion, and market-
12 ing associated with the toy or article; and
13 (iii) Whether the toy or article is commonly recognized by consumers
14 as being intended for use by a child under twelve years of age.
15 (b) "Children's product" shall not include:
16 (i) a children's electronic product, including, but not limited to, a
17 personal computer, audio and video equipment, calculator, wireless
18 phone, game console, handheld device incorporating a video screen, or
19 any associated peripheral such as a mouse, keyboard, power supply unit,
20 or power cord;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11364-07-5
A. 7912--B 2
1 (ii) a medical device; or
2 (iii) an internal component of a children's product that would not
3 come into direct contact with a child's skin or mouth during reasonably
4 foreseeable use and abuse of the product.
5 2. No manufacturer shall sell, offer for sale or distribute in this
6 state any new children's product, mattress, or upholstered furniture
7 that contains, or a constituent component of which contains, fiberglass,
8 unless it contains a prominent permanent label which informs the
9 consumer that the product should be handled with care because it
10 contains fiberglass which can be harmful to the consumer if ingested,
11 inhaled, or exposed to skin. Such label must be securely attached to the
12 product or packaging in a manner that it may be seen by consumers prior
13 to and throughout the duration of the product's use.
14 3. A custom upholsterer shall not repair, reupholster, recover,
15 restore, or renew any children's product, mattress, upholstered furni-
16 ture, or reupholstered furniture using a replacement component that
17 contains, or a constituent component of which contains, fiberglass.
18 4. A violation of the provisions of this section shall be punishable
19 by a civil penalty not to exceed five hundred dollars for each
20 violation.
21 § 2. This act shall take effect January 1, 2026. Effective immediate-
22 ly, the addition, amendment and/or repeal of any rule or regulation
23 necessary for the implementation of this act on its effective date are
24 authorized to be made and completed on or before such date.
