S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4031
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, GUNTHER, COLTON, COOK, 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.
              

                                                            LBD08230-01-9

 A. 4031                             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.