assembly Bill A8583A

2021-2022 Legislative Session

Relates to food and food product advertising

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2022 print number 8583b
May 23, 2022 amend and recommit to agriculture
Jan 20, 2022 print number 8583a
Jan 20, 2022 amend and recommit to agriculture
Jan 05, 2022 referred to agriculture
Dec 13, 2021 referred to agriculture

A8583 - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

A8583 - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

A8583 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8583
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law and  the  public  health
   law, in relation to food and food product advertising
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  that  children and adolescents are an inherently vulnerable popu-
 lation, and that marketing unhealthy foods in a targeted and  persistent
 manner  to  this group is inconsistent with this state's efforts to curb
 the disastrous health outcomes that follow the overconsumption of  these
 products. Such marketing is inherently misleading, as children and young
 adults  often  lack  the  same  ability  to  resist  the  rewarding cues
 presented in unhealthy food marketing as adults.  This predatory commer-
 cial speech has contributed to an epidemic of obesity  and  its  related
 co-morbidities, particularly in the children of black and brown communi-
 ties.  Furthermore,  there is a growing consensus that processed food is
 habit forming, increasing the danger to public  health  that  can  arise
 from  succumbing  to  misleading  advertising. New York has a strong and
 substantial interest in protecting our  children  from  negative  health
 consequences.  Additionally,  the  power of the state is at its greatest
 when protecting the health and welfare of its citizens, especially those
 most vulnerable. Thus, the  legislature  finds  that  certain  types  of
 marketing  targeted at children can mislead and manipulate children into
 lifelong habits, and that such advertising should be  regulated  accord-
 ingly.
   §  2.  Subdivision  1  of section 202-a of the agriculture and markets
 law, as added by chapter 797 of the laws of 1939, is amended and two new
 subdivisions 4 and 5 are added to read as follows:
   1. An advertisement concerning a food or food  product  shall  not  be
 false  or  misleading  in  any  particular.   IN DETERMINING WHETHER ANY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13338-05-1

Co-Sponsors

A8583A - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

A8583A - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

A8583A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8583--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Agriculture -- recommitted  to  the  Committee  on  Agriculture  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend the agriculture and markets law and the public health
   law, in relation to food and food product advertising
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that children are an inherently vulnerable  population,  and  that
 marketing  unhealthy  foods  in a targeted and persistent manner to this
 group is inconsistent with this state's efforts to curb  the  disastrous
 health  outcomes that follow the overconsumption of these products. Such
 marketing is inherently misleading, as  children  often  lack  the  same
 ability to resist the rewarding cues presented in unhealthy food market-
 ing  as adults.   This predatory commercial speech has contributed to an
 epidemic of obesity and its related co-morbidities, particularly in  the
 children of black and brown communities. Furthermore, there is a growing
 consensus  that  highly  processed food is habit forming, increasing the
 danger to public health that can arise  from  succumbing  to  misleading
 advertising.  New York has a strong and substantial interest in protect-
 ing our children from negative health  consequences.  Additionally,  the
 power  of  the  state  is at its greatest when protecting the health and
 welfare of its citizens, especially those  most  vulnerable.  Thus,  the
 legislature  finds  that certain types of marketing targeted at children
 can mislead and manipulate children into lifelong habits, and that  such
 advertising should be regulated accordingly.
   §  2.  Subdivision  1  of section 202-a of the agriculture and markets
 law, as added by chapter 797 of the laws of 1939, is  amended  and  four
 new subdivisions 4, 5, 6 and 7 are added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13338-07-2

Co-Sponsors

A8583B (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

A8583B (ACTIVE) - Summary

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

A8583B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8583--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, SOLAGES -- read once and referred to the
   Committee on Agriculture -- recommitted to the Committee  on  Agricul-
   ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the agriculture and markets law and the public health
   law, in relation to food and food product advertising
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that children are an inherently vulnerable  population,  and  that
 marketing  unhealthy  foods  in a targeted and persistent manner to this
 group is inconsistent with this state's efforts to curb  the  disastrous
 health  outcomes that follow the overconsumption of these products. Such
 marketing is inherently misleading, as  children  often  lack  the  same
 ability to resist the rewarding cues presented in unhealthy food market-
 ing  as adults.   This predatory commercial speech has contributed to an
 epidemic of obesity and its related co-morbidities, particularly in  the
 children of black and brown communities. Furthermore, there is a growing
 consensus  that  highly  processed food is habit forming, increasing the
 danger to public health that can arise  from  succumbing  to  misleading
 advertising.  New York has a strong and substantial interest in protect-
 ing our children from negative health  consequences.  Additionally,  the
 power  of  the  state  is at its greatest when protecting the health and
 welfare of its citizens, especially those  most  vulnerable.  Thus,  the
 legislature  finds that unfair and deceptive marketing targeted at chil-
 dren can mislead and manipulate children into lifelong habits, and  that
 such unfair and deceptive advertising should be regulated accordingly.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13338-14-2
 A. 8583--B                          2