S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5348
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by  M. of A. WEPRIN, GUNTHER, COLTON, COOK, HOOPER, GALEF --
   Multi-Sponsored by -- M. of A. FAHY, MOSLEY, PERRY --  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:
   § 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.
              

                                                            LBD09554-01-7

 A. 5348                             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.
   § 2. This act shall take effect immediately.