Assembly Bill A6989

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6989
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 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.
              

                                                            LBD02309-05-1

 A. 6989                             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-ONE,
 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.