NY State Assembly Bill 2023-A5994

Assembly Bill A5994

Signed By Governor

2023-2024 Legislative Session

Relates to research and restricting advertisement and promotion of electronic cigarettes

download bill text pdf

Current Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2023	signed chap.566
Oct 13, 2023	delivered to governor
Jun 08, 2023	returned to assembly passed senate 3rd reading cal.149 substituted for s536a
Jun 07, 2023	referred to rules delivered to senate passed assembly ordered to third reading rules cal.635 rules report cal.635 reported
Jun 02, 2023	print number 5994b
Jun 02, 2023	amend (t) and recommit to rules
Jun 01, 2023	print number 5994a
Jun 01, 2023	amend (t) and recommit to rules
May 31, 2023	reported referred to rules
May 16, 2023	reported referred to codes
Mar 30, 2023	referred to consumer affairs and protection

Votes

- Jun 8, 2023 - Floor Vote
  A5994
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (3)
      
      Borrello
      
      Oberacker
      
      Ortt
      
      excused (1)
      
      Cooney

Bill Amendments

Original

B (Active)

2023-A5994 - Details

See Senate Version of this Bill:: S536
Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5056
2021-2022: A6989, S778

2023-A5994 - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5994
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  research  and
   misrepresentations  of  electronic cigarettes; and to amend the public
   health law, in  relation  to  restricting  certain  advertisement  and
   promotion of electronic cigarettes
 
   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 article
 24-D to read as follows:
 
                               ARTICLE 24-D
          RESEARCH AND MISREPRESENTATION OF ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH AND MISREPRESENTATIONS OF ELECTRONIC CIGARETTES.
   § 375. RESEARCH AND MISREPRESENTATIONS OF  ELECTRONIC  CIGARETTES.  1.
 ANY  PROVISION  OR RESTRICTION IN A CONTRACT OR OTHER AGREEMENT RELATING
 TO THE DEVELOPMENT OF ELECTRONIC CIGARETTES  AND  PRODUCTS  RELATING  TO
 THEIR  USE  INCLUDING,  BUT  NOT LIMITED TO, COMPONENTS OF SUCH DEVICES,
 HERETOFORE OR HEREAFTER MADE OR ENTERED INTO, WHICH  LIMITS,  RESTRAINS,
 PROHIBITS OR OTHERWISE PROVIDES FOR THE SUPPRESSION OF RESEARCH INTO THE
 HEALTH  CONSEQUENCES  OF  THE  USE  OF  ELECTRONIC CIGARETTES, IS HEREBY
 DECLARED TO BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER ENGAGED IN  THE  BUSINESS
 OF  MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHERWISE DISTRIB-
 UTING ELECTRONIC CIGARETTES SHALL MISREPRESENT ANY FACTS  REGARDING  THE
 HEALTH CONSEQUENCES OF THE USE OF ELECTRONIC CIGARETTES.
   3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY THE  ATTORNEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-01-3

 A. 5994                             2
 
 GENERAL  OR  BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
 OR POLITICAL SUBDIVISION.
   §  2.  The  public  health  law  is  amended  by  adding a new section
 1399-bb-1 to read as follows:
   § 1399-BB-1.    PROMOTIONS  PROHIBITED.  1.  NO  MANUFACTURER  AND  NO
 DISTRIBUTOR  OF ELECTRONIC CIGARETTES SHALL MARKET, LICENSE, DISTRIBUTE,
 SELL, OR CAUSE TO BE MARKETED, LICENSED, DISTRIBUTED, OR SOLD  ANY  ITEM
 (OTHER  THAN  ELECTRONIC  CIGARETTES)  OR SERVICE, WHICH BEARS THE BRAND
 NAME (ALONE OR IN CONJUNCTION WITH ANY OTHER WORD), LOGO, SYMBOL, MOTTO,
 SELLING MESSAGE, RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR  ANY  OTHER
 INDICIA  OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE.
   2. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY OFFER OR CAUSE TO  BE
 OFFERED  ANY GIFT OR ITEM TO ANY PERSON PURCHASING ELECTRONIC CIGARETTES
 IN CONSIDERATION OF THE PURCHASE THEREOF.
   3. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY SPONSOR OR  CAUSE  TO
 BE  SPONSORED  ANY  ATHLETIC,  MUSICAL,  ARTISTIC,  OR  OTHER  SOCIAL OR
 CULTURAL EVENT, OR ANY ENTRY OR TEAM IN ANY EVENT,  IN  THE  BRAND  NAME
 (ALONE  OR  IN  CONJUNCTION  WITH  ANY OTHER WORD), LOGO, SYMBOL, MOTTO,
 SELLING MESSAGE, RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR  ANY  OTHER
 INDICIA  OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE.  NOTHING IN
 THIS SUBDIVISION PREVENTS A MANUFACTURER, DISTRIBUTOR, OR RETAILER  FROM
 SPONSORING  OR  CAUSING TO BE SPONSORED ANY ATHLETIC, MUSICAL, ARTISTIC,
 OR OTHER SOCIAL OR CULTURAL EVENT, OR TEAM OR ENTRY, IN THE NAME OF  THE
 CORPORATION  WHICH MANUFACTURES THE ELECTRONIC CIGARETTES, PROVIDED THAT
 BOTH THE CORPORATE NAME AND THE CORPORATION WERE REGISTERED AND  IN  USE
 IN  THE UNITED STATES PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
 AND THAT THE CORPORATE NAME DOES NOT INCLUDE ANY BRAND NAME (ALONE OR IN
 CONJUNCTION WITH ANY OTHER WORD), LOGO, SYMBOL, MOTTO, SELLING  MESSAGE,
 RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR ANY OTHER INDICIA OF PRODUCT
 IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFIABLE WITH, THOSE USED
 FOR ANY BRAND OF ELECTRONIC CIGARETTES.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

2023-A5994A - Details

See Senate Version of this Bill:: S536
Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5056
2021-2022: A6989, S778

2023-A5994A - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules

 AN ACT to amend the general business law, in  relation  to  research  of
   electronic cigarettes; and to amend the public health law, in relation
   to restricting certain advertisement and promotion of electronic ciga-
   rettes
 
   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 article
 24-D to read as follows:
 
                               ARTICLE 24-D
                     RESEARCH OF ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH OF ELECTRONIC CIGARETTES.
   § 375. RESEARCH OF ELECTRONIC CIGARETTES. ANY PROVISION OR RESTRICTION
 IN A CONTRACT OR OTHER AGREEMENT RELATING TO THE  DEVELOPMENT  OF  ELEC-
 TRONIC  CIGARETTES AND PRODUCTS RELATING TO THEIR USE INCLUDING, BUT NOT
 LIMITED TO, COMPONENTS OF SUCH DEVICES, HERETOFORE OR HEREAFTER MADE  OR
 ENTERED  INTO,  WHICH LIMITS, RESTRAINS, PROHIBITS OR OTHERWISE PROVIDES
 FOR THE SUPPRESSION OF RESEARCH INTO THE HEALTH CONSEQUENCES OF THE  USE
 OF  ELECTRONIC  CIGARETTES,  IS  HEREBY  DECLARED  TO BE VOID AS AGAINST
 PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-bb-1 to read as follows:
   §  1399-BB-1.    PROMOTIONS  PROHIBITED.  1.  NO  MANUFACTURER  AND NO
 DISTRIBUTOR OF ELECTRONIC CIGARETTES SHALL MARKET, LICENSE,  DISTRIBUTE,
 SELL,  OR  CAUSE TO BE MARKETED, LICENSED, DISTRIBUTED, OR SOLD ANY ITEM

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-02-3

 A. 5994--A                          2
 
 (OTHER THAN ELECTRONIC CIGARETTES) OR SERVICE,  WHICH  BEARS  THE  BRAND
 NAME (ALONE OR IN CONJUNCTION WITH ANY OTHER WORD), LOGO, SYMBOL, MOTTO,
 SELLING  MESSAGE,  RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR ANY OTHER
 INDICIA  OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE.
   2. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY OFFER OR CAUSE TO  BE
 OFFERED  ANY GIFT OR ITEM TO ANY PERSON PURCHASING ELECTRONIC CIGARETTES
 IN CONSIDERATION OF THE PURCHASE THEREOF.
   3. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY SPONSOR OR  CAUSE  TO
 BE  SPONSORED  ANY  ATHLETIC,  MUSICAL,  ARTISTIC,  OR  OTHER  SOCIAL OR
 CULTURAL EVENT, OR ANY ENTRY OR TEAM IN ANY EVENT,  IN  THE  BRAND  NAME
 (ALONE  OR  IN  CONJUNCTION  WITH  ANY OTHER WORD), LOGO, SYMBOL, MOTTO,
 SELLING MESSAGE, RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR  ANY  OTHER
 INDICIA  OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE.  NOTHING IN
 THIS SUBDIVISION PREVENTS A MANUFACTURER, DISTRIBUTOR, OR RETAILER  FROM
 SPONSORING  OR  CAUSING TO BE SPONSORED ANY ATHLETIC, MUSICAL, ARTISTIC,
 OR OTHER SOCIAL OR CULTURAL EVENT, OR TEAM OR ENTRY, IN THE NAME OF  THE
 CORPORATION  WHICH MANUFACTURES THE ELECTRONIC CIGARETTES, PROVIDED THAT
 BOTH THE CORPORATE NAME AND THE CORPORATION WERE REGISTERED AND  IN  USE
 IN  THE UNITED STATES PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
 AND THAT THE CORPORATE NAME DOES NOT INCLUDE ANY BRAND NAME (ALONE OR IN
 CONJUNCTION WITH ANY OTHER WORD), LOGO, SYMBOL, MOTTO, SELLING  MESSAGE,
 RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR ANY OTHER INDICIA OF PRODUCT
 IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFIABLE WITH, THOSE USED
 FOR ANY BRAND OF ELECTRONIC CIGARETTES.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

2023-A5994B (ACTIVE) - Details

See Senate Version of this Bill:: S536
Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5056
2021-2022: A6989, S778

2023-A5994B (ACTIVE) - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to research relat-
   ing  to  electronic cigarettes; and to amend the public health law, in
   relation to restricting certain advertisement and promotion  of  elec-
   tronic cigarettes
 
   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 article
 24-D to read as follows:
 
                               ARTICLE 24-D
                RESEARCH RELATING TO ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH RELATING TO ELECTRONIC CIGARETTES.
   § 375. RESEARCH RELATING TO ELECTRONIC CIGARETTES.  ANY  PROVISION  OR
 RESTRICTION IN A CONTRACT OR OTHER AGREEMENT RELATING TO THE DEVELOPMENT
 OF  ELECTRONIC  CIGARETTES AND PRODUCTS RELATING TO THEIR USE INCLUDING,
 BUT NOT LIMITED TO, COMPONENTS OF SUCH DEVICES, HERETOFORE OR  HEREAFTER
 MADE  OR  ENTERED  INTO, WHICH LIMITS, RESTRAINS, PROHIBITS OR OTHERWISE
 PROVIDES FOR THE SUPPRESSION OF RESEARCH INTO THE HEALTH CONSEQUENCES OF
 THE USE OF ELECTRONIC CIGARETTES, IS  HEREBY  DECLARED  TO  BE  VOID  AS
 AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   §  2.  The  public  health  law  is  amended  by  adding a new section
 1399-bb-1 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-05-3
 A. 5994--B                          2

 
   § 1399-BB-1.    PROMOTIONS  PROHIBITED.  1.  NO  MANUFACTURER  AND  NO
 DISTRIBUTOR  OF ELECTRONIC CIGARETTES SHALL MARKET, LICENSE, DISTRIBUTE,
 SELL, OR CAUSE TO BE MARKETED, LICENSED, DISTRIBUTED, OR SOLD  ANY  ITEM
 (OTHER THAN ELECTRONIC CIGARETTES, INCLUDING PARTS, COMPONENTS OR ACCES-
 SORIES  OF ELECTRONIC CIGARETTES) OR SERVICE, WHICH BEARS THE BRAND NAME
 (ALONE OR IN CONJUNCTION WITH ANY  OTHER  WORD),  LOGO,  SYMBOL,  MOTTO,
 SELLING  MESSAGE,  RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR ANY OTHER
 INDICIA OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR  IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE. THIS SUBDI-
 VISION SHALL NOT APPLY TO A RETAILER'S POINT OF SALE PROMOTIONAL MATERI-
 ALS FOR ELECTRONIC CIGARETTES.
   2.  NO MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY OFFER OR CAUSE TO BE
 OFFERED ANY GIFT OR ITEM TO ANY PERSON PURCHASING ELECTRONIC  CIGARETTES
 IN CONSIDERATION OF THE PURCHASE THEREOF.
   3.  NO  MANUFACTURER, DISTRIBUTOR, OR RETAILER MAY SPONSOR OR CAUSE TO
 BE SPONSORED  ANY  ATHLETIC,  MUSICAL,  ARTISTIC,  OR  OTHER  SOCIAL  OR
 CULTURAL  EVENT,  OR  ANY  ENTRY OR TEAM IN ANY EVENT, IN THE BRAND NAME
 (ALONE OR IN CONJUNCTION WITH ANY  OTHER  WORD),  LOGO,  SYMBOL,  MOTTO,
 SELLING  MESSAGE,  RECOGNIZABLE COLOR OR PATTERN OF COLORS, OR ANY OTHER
 INDICIA OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR  IDENTIFI-
 ABLE WITH, THOSE USED FOR ANY BRAND OF ELECTRONIC CIGARETTE.  NOTHING IN
 THIS  SUBDIVISION PREVENTS A MANUFACTURER, DISTRIBUTOR, OR RETAILER FROM
 SPONSORING OR CAUSING TO BE SPONSORED ANY ATHLETIC,  MUSICAL,  ARTISTIC,
 OR  OTHER SOCIAL OR CULTURAL EVENT, OR TEAM OR ENTRY, IN THE NAME OF THE
 CORPORATION WHICH MANUFACTURES THE ELECTRONIC CIGARETTES, PROVIDED  THAT
 THE CORPORATE NAME DOES NOT INCLUDE ANY BRAND NAME (ALONE OR IN CONJUNC-
 TION  WITH ANY OTHER WORD), LOGO, SYMBOL, MOTTO, SELLING MESSAGE, RECOG-
 NIZABLE COLOR OR PATTERN OF COLORS, OR  ANY  OTHER  INDICIA  OF  PRODUCT
 IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFIABLE WITH, THOSE USED
 FOR ANY BRAND OF ELECTRONIC CIGARETTES.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Assembly Bill A5994

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Sponsored By

DARLING

Current Bill Status - Signed by Governor

Bill Amendments

2023-A5994 - Details

2023-A5994 - Summary

2023-A5994 - Bill Text download pdf

2023-A5994A - Details

2023-A5994A - Summary

2023-A5994A - Bill Text download pdf

2023-A5994B (ACTIVE) - Details

2023-A5994B (ACTIVE) - Summary

2023-A5994B (ACTIVE) - Bill Text download pdf

Comments