S T A T E O F N E W Y O R K
________________________________________________________________________
8141
2019-2020 Regular Sessions
I N A S S E M B L Y
June 4, 2019
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Introduced by M. of A. RAYNOR -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to restricting
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
ADVERTISEMENT AND PROMOTION OF ELECTRONIC CIGARETTES TO MINORS
SECTION 375. DEFINITIONS.
376. ADVERTISING PROHIBITIONS.
377. PROMOTIONS PROHIBITED.
378. RESEARCH; MISREPRESENTATIONS.
379. PENALTIES.
§ 375. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS AN ELECTRONIC DEVICE
THAT DELIVERS VAPOR WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL
INCLUDE ANY REFILL, CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE.
2. "SCHOOL GROUNDS" MEANS: (A) IN, ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN FIVE HUNDRED FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED
AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN FIVE HUNDRED FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE
PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11014-01-9
A. 8141 2
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
§ 376. ADVERTISING PROHIBITIONS. 1. NO PERSON ENGAGED IN THE BUSINESS
OF MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHERWISE DISTRIB-
UTING ELECTRONIC CIGARETTES, OR ANY AGENT OR EMPLOYEE OF SUCH PERSON,
SHALL ADVERTISE, MARKET OR PROMOTE ELECTRONIC CIGARETTES OR THE PURCHASE
OR USE THEREOF UPON SCHOOL GROUNDS, BILLBOARDS, PUBLIC TRANSIT FACILI-
TIES, ARENAS, STADIUMS, SHOPPING MALLS OR VIDEO ARCADES.
2. NO MANUFACTURER AND NO DISTRIBUTOR OF ELECTRONIC CIGARETTES SHALL
ADVERTISE OR OTHERWISE PROMOTE ELECTRONIC CIGARETTES IN MOVIES, TELE-
VISION OR THEATER PRODUCTIONS; MUSIC PERFORMANCES OR VIDEO DISTRIBUTED
FOR PUBLIC VIEWING.
§ 377. 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 IDENTIFIABLE 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, OR TO ANY PERSON OR CONSIDER-
ATION OF FURNISHING EVIDENCE, SUCH AS CREDITS, PROOFS-OF-PURCHASE, OR
COUPONS, OF SUCH A PURCHASE.
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. NOTHING IN THIS
SUBDIVISION PREVENTS A MANUFACTURER, DISTRIBUTOR, OR RETAILER FROM SPON-
SORING 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 NINETEEN, 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.
§ 378. RESEARCH; MISREPRESENTATIONS. 1. 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. 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.
A. 8141 3
§ 379. PENALTIES. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCI-
ATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE
PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION
BY THE ATTORNEY GENERAL OR BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY
ANY MUNICIPALITY OR POLITICAL SUBDIVISION.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.