Senate Bill S536

Signed By Governor
2023-2024 Legislative Session

Relates to research and restricting advertisement and promotion of electronic cigarettes

download bill text pdf

Sponsored By

Current Bill Status Via A5994 - 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
Votes

Bill Amendments

co-Sponsors

2023-S536 - Details

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: S778

2023-S536 - Summary

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

2023-S536 - Sponsor Memo

2023-S536 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    536
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. THOMAS, GOUNARDES, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-01-3
              

co-Sponsors

2023-S536A (ACTIVE) - Details

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: S778

2023-S536A (ACTIVE) - Summary

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

2023-S536A (ACTIVE) - Sponsor Memo

2023-S536A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  536--A
     Cal. No. 149
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. THOMAS, BROUK, CHU, GOUNARDES, JACKSON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Consumer  Protection  --  reported  favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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.
                                                            LBD01874-04-3
              

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