S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    778
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  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.
                                                            LBD02309-01-1

 S. 778                              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  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.
   § 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.

 S. 778                              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.