S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5804

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to font size for
  advertisements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  general  business  law  is amended by adding a new
section 337-a to read as follows:
  S 337-A. FONT SIZE FOR ADVERTISEMENTS. 1. THE OFFER, TERMS, AND  EXPI-
RATION, IF APPLICABLE, OF AN AD, ADVERTISEMENT, CIRCULAR, FLYER OR OTHER
PUBLICATION  FOR  THE PURPOSE OF COMMERCIAL SALE OF A PRODUCT OR SERVICE
SHALL BE IN A LEGIBLE FONT NOT SMALLER  THAN  SIZE  ELEVEN  POINT  FONT.
NOTHING  IN  THIS SECTION SHALL BE CONSTRUED SO AS TO REQUIRE UNIFORMITY
OF FONT OR FONT SIZE IN SUCH AD, ADVERTISEMENT, CIRCULAR OR FLYER.
  2. UPON SUBMISSION TO THE STATE CONSUMER PROTECTION BOARD OF A  REPRE-
SENTATIVE  SAMPLE  THAT  DOES  NOT  CONFORM  TO  SUBDIVISION ONE OF THIS
SECTION, THE BOARD SHALL CONDUCT AN INVESTIGATION AND UPON  CONFIRMATION
OF  NON-CONFORMITY  WITH SUBDIVISION ONE OF THIS SECTION SHALL LEVY UPON
THE PUBLISHER OF SUCH PUBLICATION:
  A. ON FIRST VIOLATION OF  THIS  SECTION  A  PENALTY  OF  ONE  THOUSAND
DOLLARS;
  B.  ON  SECOND  VIOLATION  OF  THIS  SECTION A PENALTY OF TEN THOUSAND
DOLLARS;
  C. ON THIRD VIOLATION AND SUCCESSIVE VIOLATIONS THEREAFTER  A  PENALTY
OF TWENTY-FIVE THOUSAND DOLLARS.
  EACH  DAY  THAT  SUCH PUBLICATION IS PUBLISHED OR OTHERWISE CIRCULATED
SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION.
  3. THE STATE CONSUMER PROTECTION BOARD SHALL MAINTAIN  A  REGISTRY  OF
OFFENSES  AND  SHALL  INSTITUTE RULES AND REGULATIONS FOR THE SUBMISSION
AND ADJUDICATION OF ALLEGEDLY NON-CONFORMING PUBLICATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09402-01-1

              

A. 5804                             2

  4. A. A PUBLISHER THAT IS NOT THE  PROGENITOR  OF  THE  NON-CONFORMING
PUBLICATION  SHALL BE ALLOWED TO JOIN SUCH PARTY IN AN ACTION BEFORE THE
BOARD, OR OTHERWISE SEEK INDEMNIFICATION AGAINST SUCH PARTY IN A  COMPE-
TENT COURT OF THIS STATE.
  B.  A  PUBLISHER  THAT IS LEVIED A PENALTY UNDER THIS SECTION SHALL BE
ALLOWED TO CHALLENGE SUCH PENALTY PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF
THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.