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Zellnor Myrie

Sponsor · State Senator, District 20 · Democratic

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Senate bill · S2540 (2025-26)

Prohibits the manufacture, distribution and sale of toys and child care products containing phthalates

Latest action Jan 7, 2026

Summary

Prohibits the manufacture, distribution and sale of certain toys and child care products containing phthalates; imposes a civil fine of not less than $10,000 a day for violation of such provisions.

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Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Amends the General Business Law.

Committee

Consumer Protection · New York State Senate

Purpose, from the sponsor's memo

This bill prohibits the manufacturing of toys containing an excess of 0.1 percent of the compound known as phthalate to safeguard children from this toxic substance.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Committee vote · Consumer Protection

    Senate Consumer ProtectionMay 19, 2025Result: passed

    (6) (0) (0) (1)

The sponsor's argument

Why Zellnor Myrie says this is needed

Why does the United States remain one of the few developed countries to allow children to play with toys that scientists say may cause infertil- ity in boys? The toys in question contain substances called phthalates. While the European Union has banned these substances in products meant for children, there is powerful resistance from the chemical and toy industries to doing the same here in the United States. Recently, citizens in California and San Francisco successfully passed bans on phthalates in children's toys. This legislation will codify this important child safety measure in New York State. Phthalates help make plastic toys like some rubber ducks and teething rings soft and pliable. However scientific evidence suggests that exposure to phthalates (which are also used in dozens of other consumer items like, makeup, shampoos, and shower curtains) may interfere with the sexual development of boys. Last year, San Francisco became the first U.S. city to ban phthalates in toys. The toy and chemical industries sued the city to block implementa- tion, claiming there was not enough evidence to warrant any action. A similar ban is set to take effect throughout the state of California in 2009. In October 2003, the European Commission presented a proposal for a new EU regulatory system for chemicals. A regulatory plan was proposed because the Commission believed that the current legislative framework for chemicals in the EU did not produce sufficient information about the effects of chemicals on human health and the environment. In addition, the risk assessment process was slow and resource-intensive and did not allow the regulatory system to work efficiently and effec- tively. The European plan puts the burden on manufacturers, importers, and downstream users to ensure that they manufacture, place on the market, or use such substances that do not adversely affect human health or the environment. The plan was approved in December 2006 and went into effect in June 2007. In the United States, we continue to allow our children to play with toys made with dangerous and toxic chemicals. Europe is also moving to ban the use of artificial food colorings, espe- cially in food for children because of proven health risks. In the United States, we continue our carefree attitude that imperils the health of our children. A ban on the use of phthalates is needed in New York and the United States so that American children can have the same safety protections enjoyed by children in Europe.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Jan 7, 2026

    Referred to committee

    REFERRED TO CONSUMER PROTECTION

    NY Senate

  2. Jun 13, 2025

    In committee

    COMMITTED TO RULES

    NY Senate

  3. May 21, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  4. May 20, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  5. May 19, 2025

    1ST Report CAL.1128

    1ST REPORT CAL.1128

    NY Senate

Show full history (1 earlier event)
  1. Jan 21, 2025

    Referred to committee

    REFERRED TO CONSUMER PROTECTION

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

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