S T A T E O F N E W Y O R K
________________________________________________________________________
5804
2011-2012 Regular Sessions
I N A S S E M B L Y
March 1, 2011
___________
Introduced by M. of A. WEPRIN -- 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:
S 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.
LBD09402-01-1
A. 5804 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.
S 2. This act shall take effect immediately.