Whelan Bill to Outlaw Dangerous ‘Henna’ Tattoos Released by Assembly Committee

WHELAN BILL TO OUTLAW DANGEROUS ‘HENNA’ TATTOOS
RELEASED BY ASSEMBLY COMMITTEE
Measure Would Ban Use of Toxic Ink Linked to Permanent Scarring, Injuries

(TRENTON) – Legislation Assemblyman Jim Whelan sponsored to prevent the selling of temporary “henna” tattoos that contain a powerful and dangerous chemical found to cause scarring and other disfiguring skin injuries was released today by an Assembly committee.

“Young people and vacationers seeking a whimsical tattoo may be unwittingly subjecting themselves to a lifetime of pain and aggravation,” said Whelan (D-Atlantic).  “What may look like an innocent temporary body adornment may actually be a permanent headache and a serious health problem.”

Whelan, a school teacher and former seaside lifeguard, noted the recent growth in popularity of temporary henna tattoos at boardwalk kiosks, carnivals, and other tourism attractions around the state. The tattoos – cheaper and less painful than traditional, permanent needle-applied tattoos – are popular with children too young to be tattooed as well as adults who do not want a permanent marking on their skin.

Whelan said many black or blue henna tattoos contain phelylendiamine (PPD), a chemical that can cause severe dermatitis, eye irritation and tearing, asthma, gastritis, renal failure, vertigo, tremors, convulsions and comas in humans.  PPD is an ingredient also commonly found in hair dye products, textile or fur dyes, photographic developer, printing inks, black rubbers, oils, greases and even gasoline.  According to the federal Food and Drug Administration, PPD is not approved for direct application to the skin.

Whelan crafted the measure (A-3997) after learning some young people have suffered permanent skin injuries as a result of PPD-based tattoos.  He also noted a January 5 article in The Record of Hackensack that reported how some New Jersey families have launched lawsuits against a national company that provides PPD-based inks used in henna tattoos.

“Given that PPD is widely known to be a caustic irritant, we need common sense restrictions in place to protect young people from unknowingly putting themselves in harm’s way,” said Whelan.  “No one, regardless of age, should be introduced to this chemical.”

Under Whelan’s bill, violations of the PPD-based tattoo prohibition would be punishable under the state’s Consumer Fraud Act.  First offenders would be fined up to $10,000.  Subsequent violations would be subject to fines up to $20,000.  Violators also could be subjected to injunctive relief, triple damages, and restitution.

The bill also would require body-art establishments to provide consumers with written notification about the potential risks of temporary tattoos.

The Assembly Consumer Affairs Committee released the measure 5-0.  It now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.

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