BILL NUMBER: S7096REVISED 4/24/26
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the general business law, in relation to warning labels
on certain sports and muscle creams
 
PURPOSE:
Provides that any sport or muscle cream sold or given away must have a
warning label if it contains methyl salicylate.
 
SUMMARY OF PROVISIONS:
Section 1 deems that this act shall be known as "Arielle's law."
Section 2 amends the general business law by adding a new section 391-u
to mandate that no person, firm, corporation or any other entity shall
sell or offer to sell, or give away as part of a promotional distrib-
ution, any form of sports or muscle cream containing methyl salicylate
unless a warning label is displayed thereon stating that the product
contains methyl salicylate and should be used only as directed.
Subsection 2 states that violation of the provisions of subdivision one
of this section shall result in a civil penalty not to exceed five
hundred dollars for each violation thereof.
Section 3 creates an immediate effective date.
 
JUSTIFICATION:
A high school track star from Staten Island, Arielle Newman, died in
2007 from an accidental overdose of methyl salicylate, which is a
wintergreen-scented ingredient found in liniments such as Ben Gay, Tiger
Balm, and Icy Hot. The 17 year olds' death points to an urgent need for
clearer warnings about the risks of using products containing methyl
salicylate, especially because muscle creams have become increasingly
more common in locker rooms throughout the country. Often, adolescents
and parents believe that products sold over the counter, with no
prescription needed, are one hundred percent safe. Excess use of over
the counter sports creams, or in combination with other creams can
produce unsafe results. Exercise and heat can accentuate absorption of
methyl salicylate into the body. Nausea, vomiting, fatigue, dizziness,
convulsions, and agitation are symptoms of salicylate poisoning. One
ounce of Ultra Strength Ben Gay contains 30% methyl salicylate, 10%
menthol, and 4% camphor; the salicylate content of 1 teaspoon of oil of
wintergreen is equivalent to 21 regular strength aspirin tablets.
Clearly, parents and athletes need to be reminded about the importance
of using over the counter agents as directed, and about the potential
consequences of excess' use. Enacting legislation to ensure that sports
creams display warning labels is a crucial step to preventing further
incidents from occurring.
 
LEGISLATIVE HISTORY:
2025: S.4773 - Referred to Consumer Protection
2024: S.4773 - Referred to Consumer Protection
2023: S.4773 - Referred to Consumer Protection
2022: S.6174 - Referred to Consumer Protection
2021: S.6174 - Referred to Consumer Protection
2020: S.3441 - Referred to Consumer Protection
2019: S.3441 - Referred to Consumer Protection
2008: S.6281C- 3rd Reading Calendar/A.9281A -Referred to Consumer
Affairs and Protection
2007: S.6281A - Referred to Rules/A.9281 - Referred to Consumer Affairs
and Protection
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.