A 2093: Enacts the consumer protection and automotive transparency act mandating transparency in automotive labeling relating to materials used in motor vehicles.

  
  STATE OF NEW YORK ________________________________________________________________________ 2093 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. FALL -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to enacting the "consumer protection and automotive transparency act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "consumer protection and automotive transparency act". 3 § 2. Legislative purpose and intent. The purpose of this act is to 4 mandate transparency in automotive labeling, ensuring consumers are 5 accurately informed about the materials used in the interiors of automo- 6 biles. Consumers are often misled by the marketing of different types of 7 materials used in making seating surfaces, steering wheels and gear 8 shifters in the automotive industry. This misleading marketing can 9 result in consumers paying more for products that are not what they were 10 expecting or buying a product that they assume is a certain material and 11 it is not. It is important to protect consumers (monetarily, ethically 12 and health-related) by requiring automotive manufacturers to disclose 13 the materials used in their interior products. This legislation aims to 14 protect consumers from deceptive marketing practices and promote trans- 15 parency across the automotive industry. 16 (a) The purpose of this legislation is to protect consumers in the 17 automotive industry by ensuring transparency and accurate labeling of 18 materials used in automobile interiors. 19 (b) This legislation aims to prevent misleading marketing practices 20 and provide consumers with clear and understandable information about 21 the content of automobile interiors. 22 (c) This legislation mandates transparency in the labeling of automo- 23 tive interiors to protect consumers from misleading marketing practices 24 related to leather, fabric and plastic materials. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05727-01-5 
 A. 2093 2 1 (d) This legislation aims to ensure that consumers can make informed 2 decisions about the materials used in automotive interiors. 3 (e) This legislation seeks to establish clear and simple labeling 4 requirements, avoiding unnecessary complexity and ensuring accessibility 5 for consumers of all educational backgrounds. 6 § 3. The general business law is amended by adding a new section 198-d 7 to read as follows: 8 § 198-d. Consumer protection and automotive transparency. (a) Defi- 9 nitions. For the purposes of this section, the following terms shall 10 have the following meanings: 11 (1) "Leather" means any hide or skin products derived from animals 12 that possess an intact original fibrous structure, obtained from hides 13 tanned to prevent decay, that may have been split before or after 14 tanning into layers or segments, and that may have a coating applied. 15 (2) "Fabric" means any cloth or material produced by weaving or knit- 16 ting fibers. 17 (3) "Plastic and coated materials" means rolled goods, or sheets of 18 woven, knit, or non-woven textiles to which a polymer or resin mixture 19 is applied as a surface coating or layer and makes up the majority of 20 the base material. 21 (4) "Label" means any tag, label, or other writing that is attached to 22 or accompanies an automotive product. 23 (5) "Consumer protection division" means the consumer protection divi- 24 sion established pursuant to section ninety-four-a of the executive law. 25 (b) Labeling requirements. (1) Automotive manufacturers shall clearly 26 label the interior materials of vehicles using terms that are easily 27 understandable to the average consumer at a level equivalent to a sixth 28 grade reading comprehension. Automotive manufacturers shall provide 29 transparent and accurate labeling on automobile interiors to ensure that 30 all consumers, regardless of their level of education, can understand 31 the material used in the automobile interior. 32 (2) The interior threshold required for defined labeling shall be 33 based upon the percent of material used on the interactive interior 34 surfaces of an automobile. Interactive interior surfaces shall mean 35 seating surfaces in all rows of the vehicle, headrests, steering wheel, 36 and gear shift. Interactive interior surfaces shall not include seating 37 side and back panels and all other non-seating surfaces in the vehicle. 38 (i) If the interactive interior surface material is greater than 39 seventy percent of a defined composition, then the entire label can be 40 labeled as such. 41 (ii) If the interactive interior surface is composed of less than 42 seventy percent of any of the defined materials, including leather, 43 fabric, or plastic and coated materials, then there shall be a label 44 defining the material used by percentage. 45 (3) The following terms shall be used to describe the materials used 46 in automobile interiors: leather, fabric, plastic and coated materials, 47 and any other material that accurately represents the nature of the 48 interior. 49 (4) The interactive interior surfaces labels shall be clearly visible 50 to the consumers, shall be prominently displayed on the product, and 51 shall be easy to read. The material of the upholstery shall be listed in 52 plain and easy-to-understand language. 53 (c) Prohibition of marketing names. The use of marketing names causing 54 confusion, such as MBtex, ActiveX, Alcantera, Artico, NuLuxe, SansaTec, 55 SofTex, Sophina, Ultrasuede, V-Tex or similar marketing names, is 56 prohibited for labeling automobile interiors. 
 A. 2093 3 1 (d) Prohibition of deceptive practices. It is prohibited to sell, 2 market, or advertise automobile interiors using terms such as "leather," 3 "skin," "tanned skin," "coated leather," or any other terms defined in 4 this section, its derivatives, or synonyms, as well as the other terms 5 as a means of naming any other materials which do not comply with the 6 characteristics defined in subdivision (a) of this section, either as a 7 noun or as an adjective, even if entered as prefixes or suffixes in 8 other words, regardless of the language used. 9 (e) Enforcement and penalties. (1) The consumer protection division 10 shall enforce the provisions of this section. 11 (2) Violations of this section may result in penalties, fines, or 12 other appropriate enforcement measures as determined by the consumer 13 protection division. 14 (3) The consumer protection division may investigate any alleged 15 violation of this section and may issue orders to cease and desist oper- 16 ations from any violation. The consumer protection division may also 17 impose civil penalties for violations of this section. 18 § 4. Severability. If any provision of this act is held to be invalid 19 or unenforceable, such invalidity or unenforceability shall not affect 20 the validity or enforceability of any other provision of this act. 21 § 5. This act shall take effect immediately.