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
                                ___________
 
 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.