Assembly Bill A4424B

2023-2024 Legislative Session

Relates to food and food product advertising

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2023-A4424 - Details

See Senate Version of this Bill:
S213
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A8583, S7487

2023-A4424 - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

2023-A4424 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4424
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law,  the  general  business
   law  and  the  public health law, in relation to food and food product
   advertising
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that children are an inherently vulnerable  population,  and  that
 marketing  unhealthy  foods  in a targeted and persistent manner to this
 group is inconsistent with this state's efforts to curb  the  disastrous
 health  outcomes that follow the overconsumption of these products. Such
 marketing is inherently misleading, as  children  often  lack  the  same
 ability to resist the rewarding cues presented in unhealthy food market-
 ing  as  adults.    New  York  has  a strong and substantial interest in
 protecting our children from negative health consequences. Additionally,
 the power of the state is at its greatest when protecting the health and
 welfare of its citizens, especially those  most  vulnerable.  Thus,  the
 legislature  finds that unfair and deceptive marketing targeted at chil-
 dren can mislead and manipulate children into lifelong habits, and  that
 such unfair and deceptive advertising should be regulated accordingly.
   §  2.  Section  202-a of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. IN DETERMINING WHETHER A VIOLATION OF THIS  SECTION  HAS  OCCURRED,
 THE  COURT  SHALL  CONSIDER  FACTORS  AND SPECIAL CONSIDERATION GIVEN TO
 ADVERTISING DIRECTED AT  A  CHILD  PURSUANT  TO  SECTION  THREE  HUNDRED
 FIFTY-A OF GENERAL BUSINESS LAW.
   §  3.  Section  350-a of the general business law is amended by adding
 three new subdivisions 4, 5 and 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01982-01-3
 A. 4424                             2
 
              

co-Sponsors

2023-A4424A - Details

See Senate Version of this Bill:
S213
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A8583, S7487

2023-A4424A - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

2023-A4424A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4424--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, KELLES -- read once and referred to the
   Committee  on  Agriculture  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the agriculture and markets law, the general business
   law and the public health law, in relation to food  and  food  product
   advertising
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  that  children  are an inherently vulnerable population, and that
 marketing unhealthy foods in a targeted and persistent  manner  to  this
 group  is  inconsistent with this state's efforts to curb the disastrous
 health outcomes that follow the overconsumption of these products.  Such
 marketing  is  inherently  misleading,  as  children often lack the same
 ability to resist the rewarding cues presented in unhealthy food market-
 ing as adults.   New York has  a  strong  and  substantial  interest  in
 protecting our children from negative health consequences. Additionally,
 the power of the state is at its greatest when protecting the health and
 welfare  of  its  citizens,  especially those most vulnerable. Thus, the
 legislature finds that unfair and deceptive marketing targeted at  chil-
 dren  can mislead and manipulate children into lifelong habits, and that
 such unfair and deceptive advertising should be regulated accordingly.
   § 2. Section 202-a of the agriculture and markets law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  IN  DETERMINING  WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED,
 THE COURT SHALL CONSIDER FACTORS  AND  SPECIAL  CONSIDERATION  GIVEN  TO
 ADVERTISING  DIRECTED  AT  A  CHILD  PURSUANT  TO  SECTION THREE HUNDRED
 FIFTY-A OF GENERAL BUSINESS LAW.
   § 3. Section 350-a of the general business law is  amended  by  adding
 three new subdivisions 4, 5 and 6 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01982-03-3
 A. 4424--A                          2
              

co-Sponsors

2023-A4424B (ACTIVE) - Details

See Senate Version of this Bill:
S213
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A8583, S7487

2023-A4424B (ACTIVE) - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

2023-A4424B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4424--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, KELLES -- read once and referred to the
   Committee  on  Agriculture  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

 AN  ACT  to  amend the agriculture and markets law, the general business
   law and the public health law, in relation to food  and  food  product
   advertising
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  that  children  are an inherently vulnerable population, and that
 marketing unhealthy foods in a targeted and persistent  manner  to  this
 group  is  inconsistent with this state's efforts to curb the disastrous
 health outcomes that follow the overconsumption of these products.  Such
 marketing  is  inherently  misleading,  as  children often lack the same
 ability to resist the rewarding cues presented in unhealthy food market-
 ing as adults.   New York has  a  strong  and  substantial  interest  in
 protecting our children from negative health consequences. Additionally,
 the power of the state is at its greatest when protecting the health and
 welfare  of  its  citizens,  especially those most vulnerable. Thus, the
 legislature finds that unfair and deceptive marketing targeted at  chil-
 dren  can mislead and manipulate children into lifelong habits, and that
 such unfair and deceptive advertising should be regulated accordingly.
   § 2. Section 202-a of the agriculture and markets law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  IN  DETERMINING  WHETHER A VIOLATION OF THIS SECTION HAS OCCURRED,
 THE COURT SHALL CONSIDER FACTORS  AND  SPECIAL  CONSIDERATION  GIVEN  TO
 ADVERTISING  DIRECTED  AT  A  CHILD  PURSUANT  TO  SECTION THREE HUNDRED
 FIFTY-A OF GENERAL BUSINESS LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01982-05-3
 A. 4424--B                          2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.