NY State Senate Bill 2021-S7487C

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	print number 7487c
May 25, 2022	amend (t) and recommit to health
May 10, 2022	reported and committed to health
May 04, 2022	print number 7487b
May 04, 2022	amend and recommit to agriculture
Jan 12, 2022	print number 7487a
Jan 12, 2022	amend and recommit to agriculture
Jan 05, 2022	referred to agriculture
Oct 27, 2021	referred to rules

co-Sponsors

2021-S7487 - Details

See Assembly Version of this Bill:: A8583
Current Committee:: Senate Health
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S213, A4424
2025-2026: S397, A2584

2021-S7487 - 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.

2021-S7487 - Sponsor Memo

                                 
BILL NUMBER: S7487

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the public health
law, in relation to food and food product advertising

 
PURPOSE:

To protect children from unhealthy food companies targeting them with
false or misleading advertisements, and to ensure these companies can be
targeted by regulations.

 
SUMMARY OF PROVISIONS:

Section 1 discusses our legislative findings.

Section 2 amends subdivision 1 of section 202-a of the agriculture and
markets law, providing that representations made, failure to reveal
material facts, and the target of an advertisement are all considered
when determining whether an advertisement is false or misleading. It

also provides special consideration when an advertisement targets chil-
dren. Finally, it creates two options for legal recourse against
violations of this law. First, it permits the Attorney General, city
corporation counsels, people, corporations, and associations to sue
violators of this law for damages. Second, it permits the Attorney
General and corporation counsels to sue to enjoin or restrain such
violations.

Section 3 amends subdivision 24 of section 16 of the agriculture and
markets law, providing that the department of agriculture and markets,
in conjunction with the department of health, will produce an annual
report to the legislature determining which foods may be unwholesome or
deleterious according to generally accepted nutritional standards.

Section 4 amends subdivision 1 of section 2599-b of the public health
law, providing that regulators can target specific food related indus-
tries such as unhealthy foods for the implementation of the childhood
obesity prevention program.

Section 5 provides for the effective date.

 
JUSTIFICATION:

Obesity and related comorbidities are currently the second leading
preventable cause of death in the United States and may soon overtake
tobacco as the leading cause of death.(1) As we continue the fight
against COVID-19, we also know that obesity is associated with impaired
immune function, decreased lung capacity, and increased risk of severe
illness from COVID-19, potentially tripling the risk of hospitalization
due to a COVID-19 infection.(2) Unfortunately, this epidemic is growing
exponentially in cur children, with rates of childhood obesity tripling
in the last three decades and with nearly one-third of New York's chil-
dren obese or overweight.(3) Like many comorbidities, Black and Brown
communities suffer disproportionately, and recent surveys show that
Black and Latinx children are experiencing higher rates of obesity than
their white counterparts.(4) This disparity increases risk factors for
adult cardiovascular disease, including high blood pressure and high
cholesterol, increased risk of impaired glucose tolerance, insulin
resistance, and type 2 diabetes, as well as asthma and sleep apnea.(5)

There are a myriad of contributing factors to this epidemic, and the
state Department of Health has identified a number of approaches that
may help reduce the rates of childhood obesity including: reducing
(over)consumption of sugary drinks Sugar-sweetened beverages (SSBs),
improving nutrition, increasing physical activity, reducing screen time,
and limiting access to less healthy foods and beverages.6 These
approaches are laudable and science-based. They will not succeed, howev-
er, if we do not address another major contributor to poor health
outcomes for our children: predatory marketing of unhealthy foods.  In
2020, a commission convened by the World Health Organization (WHO),
UNICEF, and the Lancet found that in addition to climate change and
ecological degradation, one of the biggest threats to the future of the
world's children are exploitative marketing practices.  In the United
States, children see, on average, three to five ads for fast food per
day(8), and food-related companies almost exclusively target advertising
for nutritionally poor products to Hispanic and Black consumers, and
Hispanic and Black children and teens view large numbers of these
ads.(9) These companies spend nearly $14 billion per year on advertising
and more than 80% of this advertising promotes fast food, sugary drinks,
candy, and unhealthy snacks.(10)

In New York, the trends are even more disturbing. One New York City
Department of Health study found increased density of advertisements for
consumable products including unhealthy foods in New York City neighbor-
hoods with higher proportions of Black residents.(11) Another study
found that in NYC, street-level sugary drink ads were disproportionately
displayed in specific neighborhoods, especially those with higher
percentages of Black, non-Latino residents.(12) Recently, a survey
commissioned by the CUNY Urban Food Policy Institute also supported
evidence of targeted marketing; it found that New Yorkers living and
working in lower income neighborhoods are exposed to almost twice the
proportion of predatory food and beverage marketing messages as those in
higher income communities.(13)

Food companies spend billions of dollars and target our children and
specifically, our black and brown children -- for one simple reason:  it
works. Research indicates that food marketing increases children's imme-
diate and future consumption, as well as food brand preferences.(14) The
same appears to be true for adolescents, who, in one study, by a 61%
margin, reported that food advertising makes them want to try the adver-
tised foods.(15) This is due, in large part, to children being partic-
ularly susceptible to advertisements. Many studies have found that until
children are 7-8 years old, they do not have the ability to detect
persuasive intent in advertising,(16) and even when they reach their
teenage years, preliminary studies of their neural responses to adver-
tising suggest that this age group may be more responsive to the reward-
ing cues presented in unhealthy food marketing and less able to resist,
compared to adults and to younger children.(17)

Targeted marketing at vulnerable populations is made even more perni-
cious by the growing consensus that processed foods are habit-forming.
One study found that highly processed foods (foods whose composition do
not occur in nature) share characteristics with drugs of abuse.(18)
Other research indicates that the chemical composition of highly proc-

essed foods may actually alter our physiology in unanticipated ways that
could promote overeating and metabolic dysfunction.(19)

Predatory marketing is a direct threat to the health and safety of our
most vulnerable New Yorkers: our children. The Legislature has a respon-
sibility to protect them, and it is incumbent on us to use every tool at
our disposal to do so. The Predatory Marketing Prevention Act (PMPA)
would enshrine such protection in our laws. The PMPA recognizes that
children and adolescents 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 disas-
trous health outcomes that follow the overconsumption of these products.

While the United States Supreme Court has held that commercial speech
enjoys constitutional protection in certain contexts, such speech cannot
be protected if it is false or misleading(20), and under the PMPA,
advertisements that take advantage of inherently vulnerable audiences
like our youth would be per se misleading. Additionally, the state has a
strong and substantial interest in curbing negative health outcomes for
our children; outcomes demonstrably tied to predatory marketing. By
restricting certain methods of advertising to inherently vulnerable
populations, the PMPA would take a similar approach to public health as
restrictions on tobacco(21) and alcohol advertisement(22); an approach
that stands for a simple proposition:  the lives of our children matter
more than the profit of corporations.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
(1)Obesity Prevention, N.Y. DEP'T OF HEALTH,
httos://www.health.nv.qov/prevention/obesitv/.  (2) Id.  (3) Id.  (4)
Arica White et al., Addressing Racial and Ethnic Disparities in COVID-19
Among School-Aged Children: Are We Doing Enough?, CDC, Jun.  3, 2021
https://www.cdc.gov/pccUissues/2021/21 0084.htm. "Nearly 1 in 5 children
aged 2-19 years (19.3) in the United States have obesity
(24). The prevalence of obesity among Mexican American (26.9), Hispanic
(25.6), and non-Hispanic Black (NHB; 24.2) children was higher than
among non-Hispanic White (NHW; 16.1) and non-Hispanic Asian (8.7) chil-
dren during 2017-2018."
(5) Id.
(6) Prevention Agenda 2019-2024: Preventing Chronic Diseases Action
Plan, N.Y. DEP'T OF HEALTH, Feb. 18 2020
https://vvww.health.nnov/prevention/preventio _agenda/2019-2024/chr htm.
(7) Helen Clark et al., A future for the world's children? A WHO-UNI-
CEF-Lancet Commission, THE LANCET COMMISSIONS, Feb. 18 2020 -AAA/A
II'_-; World failing to provide children with a healthy life and a
climate fit for their future:  WHO-UNICEF-Lancet, WORLD HEALTH ORGANIZA-
TION, Feb. 19 2020
https://www.who.intinews/itern/19-02-2020-world-failing-to-provide-
children-with-a-healthy-life-ancl-a-climate-fit-for-their-future- who-
unicef-lancet.
(8) Eliza Barclay, Scientists Are Building A Case For How Food Ads Make
Us Overeat, NPR Jan. 26, 2016
http://uconnruddcenter.org/wp-content/uploads/sites/2909/2020/09/
TargetedMarketingReport2019.pdf.
(9) Jennifer L. Harris et al., Increasing disparities in unhealthy food
advertising targeted to Hispanic and Black youth, UCONN RUDD CENTER FOR
FOOD POLICY AND OBESITY, Jan. 2019 0* I ò I'lldi.  411 i 00 -4. 01
(10) Food Marketing, UCONN RUDD CENTER FOR FOOD POLICY AND OBESITY,
(11) Tamar Adjoian et al., Density of outdoor advertising of consumable
products in NYC by neighborhood poverty level, BMC PUBLIC HEALTH Nov.
8, 2019
httios://bmcoublichealth.biomedcentral.corn/articles/10.1186/s12889-
019-7821-y
(12) I1P/S0749-3797(19)30467-2/pdf.
(13) Use of Environmental Scan to Assess the Prevalence, Content, and
Variation of Predatory Food and Beverage Marketing in New York City,
CUNY URBAN FOOD POLICY INSTITUTE, Unpublished.
(14) Matthew A. Lapierre et al., The Effect of Advertising on Children
and Adolescents, PEDIATRICS, Nov. 2017
https://pediatrics,aappublications.org/content/140/Supplement 2/5152.
(15) Jennifer L. Harris et al., Hooked on Junk: Emerging Evidence on How
Food Marketing Affects Adolescents' Diets and Long-Term Health, UCONN
RUDD CENTER FOR FOOD POLICY AND OBESITY, Oct. 29 2020
https://media.ruddcenter.uconn.edu/PDFs/Harris etal 2020.pdf. 16
(16) Matthew A. Lapierre et al., The Effect of Advertising on Children
and Adolescents, PEDIATRICS, Nov. 2017
https://pediatrics.aappublications,orgicontent/140/Supplement _2/S152.
(17) "Jennifer L. Harris et al., Hooked on Junk: Emerging Evidence on
How Food Marketing Affects Adolescents' Diets and Long-Term Health,
UCONN RUDD CENTER FOR FOOD POLICY AND OBESITY, Oct. 29
2020https://media.ruddcenter.uconn.edu/PDFs/Harris etal 2020.odf.
(18) Erica M. Schulte et al., Which Foods May Be Addictive? The Roles of
Processing, Fat Content, and Glycemic Load, PLOS ONE, Feb. 18 2015
http://journals.plos.org/plosone/article?id=10.1371/journal.pone.
0117959.
(19) Dana M. Small and Alexandra G. DiFeliceantonio, Processed foods and
food reward, SCIENCE MAGAZINE, Jan. 25, 2019
httos://wvvw.sciencemaoazinedipital.org/sciencemagazine/25 January
2019/Mob lePagedArticle,ac on?ar ticleld=1458$94 articleld1458894.
(20) Central Hudson Gas & Electric v. Public Service Commission, 447
U.S. 557 (1980).
(21) Sheila Kaplan, Juul to Pay $40 Million to Settle N.C. Vaping Case,
NEW YORK TIMES, Jun. 28, 2021
https://www.nvtimes.com/2021/06/28/health/juul-vaning-settlement-
north-carolina.html?searchResultPositi on=13.
(22) De Blasio Administration Announces Alcohol Advertising Ban on City
Property, NYC.GOV, Apr. 30, 2019
https://www.1nyc.goc/office-of-the-mayor/ne s/227-19/de-blasio- adminis-
tration-alcohol-advertising-ban-city-property.

2021-S7487 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7487
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7487                             2
 
 ADVERTISING CONCERNING A FOOD OR FOOD PRODUCT IS  FALSE  OR  MISLEADING,
 FACTORS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  REPRESENTATIONS  DISSEMINATED  IN  ANY  MANNER  OR  BY ANY MEANS,
 INCLUDING DIGITALLY, OR BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR ANY
 COMBINATION THEREOF, FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO
 INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF FOOD OR FOOD PRODUCT;
   (B) THE EXTENT TO WHICH THE ADVERTISING FAILS TO REVEAL FACTS MATERIAL
 IN THE LIGHT OF SUCH REPRESENTATIONS WITH RESPECT TO THE  FOOD  OR  FOOD
 PRODUCT TO WHICH THE ADVERTISING RELATES UNDER THE CONDITIONS PRESCRIBED
 IN  SAID  ADVERTISEMENT,  OR  UNDER  SUCH CONDITIONS AS ARE CUSTOMARY OR
 USUAL; AND
   (C) WHETHER THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT KNOWINGLY  OR
 WITH  REASON  TO  KNOW,  USED  FALSE  OR  MISLEADING CONTENT TO TARGET A
 CONSUMER REASONABLY UNABLE TO PROTECT THEIR INTERESTS BECAUSE  OF  THEIR
 AGE,  PHYSICAL INFIRMITY, IGNORANCE, ILLITERACY, INABILITY TO UNDERSTAND
 THE LANGUAGE OF AN AGREEMENT, OR SIMILAR FACTOR.
   4. FOR PURPOSES OF PARAGRAPH (C) OF SUBDIVISION ONE OF  THIS  SECTION,
 SPECIAL  CONSIDERATION  SHALL  BE  GIVEN TO ADVERTISEMENTS DIRECTED AT A
 CHILD AS DEFINED IN SECTION THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL
 SERVICES  LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
 OR FOOD PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE,  BUT  NOT
 BE LIMITED TO:
   (A) SUBJECT MATTER;
   (B) VISUAL CONTENT;
   (C) USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES AND INCEN-
 TIVES;
   (D) MUSIC OR OTHER AUDIO CONTENT;
   (E) AGE OF MODELS;
   (F)  PRESENCE  OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
 DREN;
   (G) LANGUAGE;
   (H) COMPETENT  AND  RELIABLE  EMPIRICAL  EVIDENCE  REGARDING  AUDIENCE
 COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE;
   (I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
 PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
   (J)  MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
 NOT LIMITED TO, SOCIAL MEDIA; OR
   (K) OTHER SIMILAR FACTORS.
   5. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, THE ATTOR-
 NEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK,  OR  A
 CITY  CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY BRING AN ACTION
 IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO  ENJOIN  AND  RESTRAIN
 SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   (B) ANY PERSON, FIRM, CORPORATION OR ASSOCIATION THAT HAS BEEN DAMAGED
 AS  A RESULT OF VIOLATIONS OF THIS SECTION SHALL BE ENTITLED TO BRING AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS SECTION IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT.
   § 3. Subdivision 24 of section 16 of the agriculture and markets  law,
 as  amended  by  chapter  108 of the laws of 1974, is amended to read as
 follows:
   24. [Co-operate] COOPERATE with local  health  departments  and  other
 local agencies in preventing the production, manufacture, sale or offer-
 ing  for  sale  of  fraudulent,  deleterious  or unwholesome food.   THE
 DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, SHALL ANNUALLY
 PRODUCE TO THE LEGISLATURE A REPORT  DETAILING  A  DETERMINATION  AS  TO
 WHICH  FOODS  MAY  BE  UNWHOLESOME OR DELETERIOUS ACCORDING TO GENERALLY
 S. 7487                             3
 
 ACCEPTED NUTRITIONAL STANDARDS. The commissioner may contract  with  any
 such  local  health department or other local agency for the performance
 of inspections with respect to any food or other product over  which  he
 OR  SHE has jurisdiction, powers and duties under the provisions of this
 chapter.
   § 4. Subdivision 1 of section 2599-b of  the  public  health  law,  as
 amended  by  section  1 of part A of chapter 469 of the laws of 2015, is
 amended to read as follows:
   1. The program shall be designed to prevent and reduce  the  incidence
 and  prevalence of obesity in children and adolescents, especially among
 populations with  high  rates  of  obesity  and  obesity-related  health
 complications  including,  but  not limited to, diabetes, heart disease,
 cancer, osteoarthritis, asthma,  emphysema,  chronic  bronchitis,  other
 chronic respiratory diseases and other conditions. The program shall use
 recommendations  and  goals of the United States departments of agricul-
 ture and health and human services, the surgeon general and centers  for
 disease control and prevention in developing and implementing guidelines
 for nutrition education and physical activity projects as part of obesi-
 ty  prevention  efforts.  The  content and implementation of the program
 shall stress the benefits of choosing a balanced,  healthful  diet  from
 the many options available to consumers[, without specifically targeting
 the  elimination  of any particular food group, food product or food-re-
 lated industry].
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2021-S7487A - Details

See Assembly Version of this Bill:: A8583
Current Committee:: Senate Health
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S213, A4424
2025-2026: S397, A2584

2021-S7487A - 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.

2021-S7487A - Sponsor Memo

                                 
BILL NUMBER: S7487A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the public health
law, in relation to food and food product advertising

 
PURPOSE:

To protect children from junk food companies targeting them with false
or misleading advertisements

 
SUMMARY OF PROVISIONS:

Section 1 discusses our legislative findings.

Section 2 amends subdivision 1 of section 202-a of the agriculture and
markets law, providing that representations made, failure to reveal
material facts, and the target of an advertisement are all considered
when determining whether an advertisement is false or misleading. In
addition, it provides special consideration when the target audience of

an advertisement is children.

Section 3 amends subdivision 1 of section 2599-b of the public health
law, providing that regulators can target specific food related indus-
tries such as junk foods for the implementation of the childhood obesity
prevention program.

Section 4 provides for the effective date.

 
JUSTIFICATION:

Obesity and related comorbidities are currently the second leading
preventable cause of death in the United States and may soon overtake
tobacco as the leading cause of death. As we continue the fight against
COVID-19, we also know that obesity is associated with impaired immune
function, decreased lung capacity, and increased risk of severe illness
from COVID-19, potentially tripling the risk of hospitalization due to a
COVID-19 infection. Unfortunately, this epidemic is growing exponential-
ly in our children, with rates of childhood obesity tripling in the last
three decades and with nearly one-third of New York's children obese or
overweight. Like many comorbidities, Black and Brown communities suffer
disproportionately, and recent surveys show that Black and Latinx chil-
dren are experiencing higher rates of obesity than their white counter-
parts.  This dispariLy increases rsk facLors tor adult_ cardiovascJiar
disease, including high blood pressure and high cholesterol, increased
risk of impaired glucose tolerance, insulin resistance, and type 2
diabetes, as well as asthma and sleep apnea.

In 2020, a commission convened by the World Health Organization (WHO),
UNICEF, and the Lancet found that in addition to climate change and
ecological degradation, one of the biggest threats to the future of the
world's children are exploitative marketing practices.  In the United
States, children see, on average, three to five ads for fast food per
day, and food-related companies disproportionately target advertising
for nutritionally poor products to Hispanic and Black consumers, and
Hispanic and Black children and teens view large numbers of these ads.
These companies spend nearly $14 billion per year on advertising and
more than 80% of this advertising promotes fast food, sugary drinks,
candy, and unhealthy snacks.

In New York, the trends are even more disturbing. One New York City
Department of Health study found that Black residents in NYC are likely
to have higher exposure to product images than other groups, including
images of unhealthy products, like sugary drinks. Another study found
that in NYC, street-level sugary drink ads were disproportionately
displayed in specific neighborhoods, especially those with higher
percentages of black, non-Latino residents.  Recently, a survey commis-
sioned by the CUNY Urban Food Policy Institute also supported evidence
of targeted marketing; it found that New Yorkers living and working in
lower income neighborhoods are exposed to almost twice the proportion of
predatory food and beverage marketing messages as those in higher income
communities.

Food companies spend billions of dollars and target our children -and
specifically, our black and brown children. Research indicates that food
marketing increases children's immediate and future consumption, as well
as food brand preferences. The same appears to be true for adolescents,
who, in one study, by a 61% margin, reported that food advertising makes
them want to try the advertised foods. This is due, in large part, to
children being particularly susceptible to advertisements. Many studies
have found that until children are 7-8 years old, they do not have the
ability to detect persuasive intent in advertising, and even when they
reach their teenage years, preliminary studies of their neural responses
to advertising suggest that this age group may be more responsive to the
rewarding cues presented in junk food marketing and less able to resist,
compared to adults and to younger children.

Targeted marketing at vulnerable poplualtions is made even more perni-
cious by the growing consensus that highly processed foods are addic-
tive. One study found that highly processed foods (foods whose composi-
tion do not occur in nature) share characteristics with drugs of abuse.
Other research indicates that the chemical composition of highly proc-
essed foods may actually alter our physiology in unanticipated ways that
could promote overeating and metabolic dysfunction.

Predatory marketing is a direct threat to the health and safety of our
most vulnerable New Yorkers: our children. The Legislature has a respon-
sibility to protect them, and it is incumbent on us to use every tool at
our disposal to do so. The Predatory Marketing Prevention Act (PMPA)
would enshrine such protection in our laws. The PMPA recognizes 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.

While the United States Supreme Court has held that commercial speech
enjoys constitutional protection in certain contexts, such speech cannot
be protected if it is false or misleading, and under the PMPA, adver-
tisements that target inherently vulnerable audiences like our youth
would be per se misleading.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S7487A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7487--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, BROUK -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules --  recommitted
   to the Committee on Agriculture in accordance with Senate Rule 6, sec.
   8  -- committee discharged, bill amended, 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 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.
                                                            LBD13338-06-2

 S. 7487--A                          2
 
   1. [An advertisement concerning a food or food product] ANY  REPRESEN-
 TATIONS  DISSEMINATED IN ANY MANNER OR BY ANY MEANS INCLUDING DIGITALLY,
 OR BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF,
 FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY  OR
 INDIRECTLY,  THE PURCHASE OF FOOD OR FOOD PRODUCTS shall not be false or
 misleading in any [particular]  MANNER.    IN  DETERMINING  WHETHER  ANY
 ADVERTISING  CONCERNING  A  FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING,
 FACTORS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE EXTENT TO WHICH THE ADVERTISING FAILS TO REVEAL FACTS MATERIAL
 IN THE LIGHT OF SUCH REPRESENTATIONS WITH RESPECT TO THE  FOOD  OR  FOOD
 PRODUCT TO WHICH THE ADVERTISING RELATES UNDER THE CONDITIONS PRESCRIBED
 IN  SAID  ADVERTISEMENT,  OR  UNDER  SUCH CONDITIONS AS ARE CUSTOMARY OR
 USUAL; AND
   (B) WHETHER THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT KNOWINGLY  OR
 WITH  REASON  TO  KNOW,  USED  UNFAIR  OR  DECEPTIVE CONTENT TO TARGET A
 CONSUMER REASONABLY UNABLE TO PROTECT THEIR INTERESTS BECAUSE  OF  THEIR
 AGE,  PHYSICAL INFIRMITY, IGNORANCE, ILLITERACY, INABILITY TO UNDERSTAND
 THE LANGUAGE OF AN AGREEMENT, OR SIMILAR FACTOR.
   4. FOR THE PURPOSES OF  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  A  TRUE  STATEMENT OF INFORMATION IN BRIEF SUMMARY RELATING TO
 EFFECTS OF  SUBSTANTIAL  CONSUMPTION  OF  THIS  PRODUCT  IS  SUFFICIENT.
 UNTRUE  OR  MISLEADING INFORMATION IN ANY PART OF THE ADVERTISEMENT WILL
 NOT BE CORRECTED BY THE INCLUSION IN ANOTHER DISTINCT PART OF THE ADVER-
 TISEMENT OF A BRIEF STATEMENT CONTAINING TRUE  INFORMATION  RELATING  TO
 THE EFFECTS OF CONSUMPTION.
   5.  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF SUBDIVISION ONE OF THIS
 SECTION, CONTENT IS "UNFAIR OR DECEPTIVE" IF IT  IS  LIKELY  TO  MISLEAD
 CHILDREN  ACTING  REASONABLY  UNDER  THE  CIRCUMSTANCES  AND  IT  IS NOT
 OUTWEIGHED BY THE BENEFIT TO CONSUMERS.
   6. FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF  THIS  SECTION,
 SPECIAL  CONSIDERATION  SHALL  BE  GIVEN TO ADVERTISEMENTS DIRECTED AT A
 CHILD AS DEFINED IN SECTION THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL
 SERVICES  LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
 OR FOOD PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE,  BUT  NOT
 BE LIMITED TO:
   (A) SUBJECT MATTER;
   (B) VISUAL CONTENT;
   (C) USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES AND INCEN-
 TIVES;
   (D) MUSIC OR OTHER AUDIO CONTENT;
   (E) AGE OF MODELS;
   (F)  PRESENCE  OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
 DREN;
   (G) LANGUAGE;
   (H) COMPETENT  AND  RELIABLE  EMPIRICAL  EVIDENCE  REGARDING  AUDIENCE
 COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE;
   (I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
 PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
   (J)  MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
 NOT LIMITED TO, SOCIAL MEDIA; OR
   (K) OTHER SIMILAR FACTORS.
   7. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, THE ATTOR-
 NEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK,  OR  A
 CITY  CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY BRING AN ACTION
 IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO  ENJOIN  AND  RESTRAIN
 SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
 S. 7487--A                          3
 
   (B) ANY PERSON, FIRM, CORPORATION OR ASSOCIATION THAT HAS BEEN DAMAGED
 AS  A RESULT OF VIOLATIONS OF THIS SECTION SHALL BE ENTITLED TO BRING AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS SECTION IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT.
   §  3. Subdivision 24 of section 16 of the agriculture and markets law,
 as amended by chapter 108 of the laws of 1974, is  amended  to  read  as
 follows:
   24.  [Co-operate]  COOPERATE  with  local health departments and other
 local agencies in preventing the production, manufacture, sale or offer-
 ing for sale of  fraudulent,  deleterious  or  unwholesome  food.    THE
 DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, SHALL ANNUALLY
 PRODUCE  TO  THE  LEGISLATURE  A  REPORT DETAILING A DETERMINATION AS TO
 WHICH FOODS MAY BE UNWHOLESOME OR  DELETERIOUS  ACCORDING  TO  GENERALLY
 ACCEPTED  NUTRITIONAL  STANDARDS. The commissioner may contract with any
 such local health department or other local agency for  the  performance
 of  inspections  with respect to any food or other product over which he
 OR SHE has jurisdiction, powers and duties under the provisions of  this
 chapter.
   §  4.  Subdivision  1  of  section 2599-b of the public health law, as
 amended by section 1 of part A of chapter 469 of the laws  of  2015,  is
 amended to read as follows:
   1.  The  program shall be designed to prevent and reduce the incidence
 and prevalence of obesity in children and adolescents, especially  among
 populations  with  high  rates  of  obesity  and  obesity-related health
 complications including, but not limited to,  diabetes,  heart  disease,
 cancer,  osteoarthritis,  asthma,  emphysema,  chronic bronchitis, other
 chronic respiratory diseases and other conditions. The program shall use
 recommendations and goals of the United States departments  of  agricul-
 ture  and health and human services, the surgeon general and centers for
 disease control and prevention in developing and implementing guidelines
 for nutrition education and physical activity projects as part of obesi-
 ty prevention efforts. The content and  implementation  of  the  program
 shall  stress  the  benefits of choosing a balanced, healthful diet from
 the many options available to consumers[, without specifically targeting
 the elimination of any particular food group, food product  or  food-re-
 lated industry].
   § 5. Severability.  If any part or provision of this act or its appli-
 cation  to a person is held invalid, the invalidity of that provision or
 application does not affect other provisions or applications of this act
 that can be given effect without the invalid provision or application.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2021-S7487B - Details

See Assembly Version of this Bill:: A8583
Current Committee:: Senate Health
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S213, A4424
2025-2026: S397, A2584

2021-S7487B - 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.

2021-S7487B - Sponsor Memo

                                 
BILL NUMBER: S7487B             Revised 5/5/2022

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the public health
law, in relation to food and food product advertising

 
PURPOSE:

To protect children from junk food companies targeting them with false
or misleading advertisements

 
SUMMARY OF PROVISIONS:

Section 1 discusses our legislative findings.

Section 2 amends subdivision 1 of section 202-a of the agriculture and
markets law, providing that representations made, failure to reveal
material facts, and the target of an advertisement are all considered
when determining whether an advertisement is false or misleading. In
addition, it provides special consideration when the target audience of

an advertisement is children.

Section 3 amends subdivision 24 of section 16 of the agriculture sand
markets law, providing that the department of agriculture and department
of health must cooperate to produce a report to the legislature deter-
mining which foods are unwholesome or deleterious according to generally
accepted nutritional standards.

Section 4 amends subdivision 1 of section 2599-b of the public health
law, providing that regulators can target specific food related indus-
tries such as ultra-processed foods for the implementation of the child-
hood obesity prevention program.

Section 5 Severability. If any part or provision of this act or its
application to a person is held invalid, the invalidity of that
provision or application does not affect other provisions or applica-
tions of this act that can be given effect without the invalid provision
or application.

Section 6 provides for the effective date.

 
JUSTIFICATION:

Obesity and related comorbidities are currently the second leading
preventable cause of death in the United States and may soon overtake
tobacco as the leading cause of death. As we continue the fight against
COVID-19, we also know that obesity is associated with impaired immune
function, decreased lung capacity, and increased risk of severe illness
from COVID-19, potentially tripling the risk of hospitalization due to a
COVID-19 infection. Unfortunately, this epidemic is growing exponential-
ly in our children, with rates of childhood obesity tripling in the last
three decades and with nearly one-third of New York's children obese or
overweight. Like many comorbidities, Black and Brown communities suffer
disproportionately, and recent surveys show that Black and Latinx chil-
dren are experiencing higher rates of obesity than their white counter-
parts. This disparity increases risk factors for adult cardiovascular
disease, including high blood pressure and high cholesterol, increased
risk of impaired glucose tolerance, insulin resistance, type 2 diabetes,
asthma, and sleep apnea.

In 2020, a commission convened by the World Health Organization (WHO),
UNICEF, and The Lancet medical journal found that in addition to climate
change and ecological degradation, one of the biggest threats to the
future of the world's children are exploitative marketing practices. In
the United States, children see on average three to five ads for fast
food per day and food-related companies disproportionately target adver-
tising for nutritionally poor products to Hispanic and Black consumers.
As a result, Hispanic and Black children and teens view large numbers of
these ads. These companies spend nearly $14 billion per year on adver-
tising and more than 80% of this advertising promotes fast food, sugary
drinks, candy, and unhealthy snacks.

In New York, the trends are even more disturbing. One New York City
Department of Health study found that Black residents in NYC are likely
to have higher exposure to product images than other groups, including
images of unhealthy products, like sugary drinks. Another study found
that in NYC, street-level sugary drink ads were disproportionately
displayed in specific neighborhoods, especially those with higher
percentages of black, non-Latino residents.  Recently, a survey commis-
sioned by the CUNY Urban Food Policy Institute also supported evidence
of targeted marketing; it found that New Yorkers living and working in
lower income neighborhoods are exposed to almost twice the proportion of
predatory food and beverage marketing messages as those in higher income
communities.

Food companies spend billions of dollars and target our children:
specifically, our black and brown children. Research indicates that food
marketing increases children's immediate and future consumption and
changes food brand preferences. The same appears to be true for adoles-
cents, who, in one study, by a 61% margin, reported that food advertis-
ing makes them want to try the advertised foods. In large part, this is
due to children being particularly susceptible to advertisements. Many
studies have found that until children are 7-8 years old, they do not
have the ability to detect persuasive intent in advertising, and even
when they reach their teenage years, preliminary studies of their neural
responses to advertising suggest that this age group may be more respon-
sive to the rewarding cues presented in junk food marketing and less
able to resist, compared to adults and to older children.

Targeted marketing at vulnerable populations is made even more perni-
cious by the growing consensus that highly processed foods are addic-
tive. One study found that highly processed foods (foods whose composi-
tion do not occur in nature) share characteristics with drugs of abuse.
Other research indicates that the chemical composition of highly proc-
essed foods may actually alter our physiology in unanticipated ways that
could promote overeating and metabolic dysfunction.

Predatory marketing is a direct threat to the health and safety of our
most vulnerable New Yorkers: our children. The Legislature has a respon-
sibility to protect them, and it is incumbent on us to use every tool at
our disposal to do so. The Predatory Marketing Prevention Act (PMPA)
would enshrine such protection in our laws. The PMPA recognizes 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.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S7487B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7487--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by  Sens. MYRIE, BIAGGI, BROUK, HOYLMAN, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- recommitted to the Committee on Agriculture in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, 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.
                                                            LBD13338-13-2
 S. 7487--B                          2

 
   § 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:
   1.  [An advertisement concerning a food or food product] ANY REPRESEN-
 TATIONS DISSEMINATED IN ANY MANNER OR BY ANY MEANS INCLUDING  DIGITALLY,
 OR BY STATEMENT, WORD, DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF,
 FOR  THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY OR
 INDIRECTLY, THE PURCHASE OF FOOD OR FOOD PRODUCTS shall not be false  or
 misleading  in  any  [particular]  MANNER.    IN DETERMINING WHETHER ANY
 ADVERTISING CONCERNING A FOOD OR FOOD PRODUCT IS  FALSE  OR  MISLEADING,
 FACTORS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE EXTENT TO WHICH THE ADVERTISING FAILS TO REVEAL FACTS MATERIAL
 IN  THE  LIGHT  OF SUCH REPRESENTATIONS WITH RESPECT TO THE FOOD OR FOOD
 PRODUCT TO WHICH THE ADVERTISING RELATES UNDER THE CONDITIONS PRESCRIBED
 IN SAID ADVERTISEMENT, OR UNDER SUCH  CONDITIONS  AS  ARE  CUSTOMARY  OR
 USUAL;
   (B)  WHETHER  THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT TARGETING A
 CONSUMER WHO IS REASONABLY UNABLE TO PROTECT THEIR INTERESTS BECAUSE  OF
 THEIR  AGE,  PHYSICAL  INFIRMITY,  IGNORANCE,  ILLITERACY,  INABILITY TO
 UNDERSTAND THE LANGUAGE OF AN AGREEMENT, OR SIMILAR FACTOR USED:
   (I) AN UNFAIR ACT, PRACTICE, OR CONDUCT; OR
   (II) A DECEPTIVE REPRESENTATION, OMISSION, PRACTICE, OR CONTENT; AND
   (C) WHETHER: (I) THE  ADVERTISEMENT  CAUSES  OR  IS  LIKELY  TO  CAUSE
 SUBSTANTIAL  INJURY  TO  CONSUMERS;  (II)  THE  INJURY IS NOT REASONABLY
 AVOIDABLE BY CONSUMERS; AND (III) THE INJURY IS NOT OUTWEIGHED BY  COUN-
 TERVAILING BENEFITS TO CONSUMERS OR TO COMPETITION.
   (D)  FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION FIVE OF THIS
 SECTION, A "CONSUMER" IS DEFINED AS A PERSON  WHO  IS  TARGETED  BY  AND
 EXPOSED TO AN ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
   4.  FOR  THE  PURPOSES  OF  PARAGRAPH  (A)  OF SUBDIVISION ONE OF THIS
 SECTION, A TRUE STATEMENT OF INFORMATION IN BRIEF  SUMMARY  RELATING  TO
 EFFECTS  OF  SUBSTANTIAL  CONSUMPTION  OF  THIS  PRODUCT  IS SUFFICIENT.
 UNTRUE OR MISLEADING INFORMATION IN ANY PART OF THE  ADVERTISEMENT  WILL
 NOT BE CORRECTED BY THE INCLUSION IN ANOTHER DISTINCT PART OF THE ADVER-
 TISEMENT  OF  A  BRIEF STATEMENT CONTAINING TRUE INFORMATION RELATING TO
 THE EFFECTS OF CONSUMPTION.
   5. FOR THE PURPOSES OF THIS SECTION, FOR A CONSUMER:
   (A) AN ACT, PRACTICE, OR CONDUCT IS "UNFAIR" WHERE IT:
   (I)    CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY TO SUCH CONSUM-
 ER;
   (II)   CANNOT BE REASONABLY AVOIDED BY SUCH CONSUMER; AND
   (III) IS NOT OUTWEIGHED BY COUNTERVAILING BENEFITS TO SUCH CONSUMER OR
 TO COMPETITION.
   (B) A REPRESENTATION, OMISSION, OR PRACTICE IS "DECEPTIVE" WHERE:
   (I) IT IS LIKELY TO MISLEAD SUCH CONSUMER;
   (II) SUCH CONSUMER'S INTERPRETATION OF THE  REPRESENTATION,  OMISSION,
 OR PRACTICE IS CONSIDERED REASONABLE UNDER THE CIRCUMSTANCES; AND
   (III)  THE MISLEADING REPRESENTATION, OMISSION, OR PRACTICE IS MATERI-
 AL.
   6. FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF  THIS  SECTION,
 SPECIAL  CONSIDERATION  SHALL  BE  GIVEN TO ADVERTISEMENTS DIRECTED AT A
 CHILD AS DEFINED IN SECTION THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL
 SERVICES  LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
 OR FOOD PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE,  BUT  NOT
 BE LIMITED TO:
   (A) SUBJECT MATTER;
 S. 7487--B                          3
 
   (B) VISUAL CONTENT;
   (C) USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES AND INCEN-
 TIVES;
   (D) MUSIC OR OTHER AUDIO CONTENT;
   (E) AGE OF MODELS;
   (F)  PRESENCE  OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
 DREN;
   (G) LANGUAGE;
   (H) COMPETENT  AND  RELIABLE  EMPIRICAL  EVIDENCE  REGARDING  AUDIENCE
 COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE;
   (I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
 PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
   (J)  MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING, BUT
 NOT LIMITED TO, SOCIAL MEDIA; OR
   (K) OTHER SIMILAR FACTORS.
   7. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, THE ATTOR-
 NEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK,  OR  A
 CITY  CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY BRING AN ACTION
 IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO  ENJOIN  AND  RESTRAIN
 SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   (B) ANY PERSON, FIRM, CORPORATION OR ASSOCIATION THAT HAS BEEN DAMAGED
 AS  A RESULT OF VIOLATIONS OF THIS SECTION SHALL BE ENTITLED TO BRING AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS SECTION IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT BY SEEKING AN INJUNCTION.
   (C) THE COURT MAY AWARD REASONABLE ATTORNEYS'  FEES  TO  A  PREVAILING
 PLAINTIFF.
   §  3. Subdivision 24 of section 16 of the agriculture and markets law,
 as amended by chapter 108 of the laws of 1974, is  amended  to  read  as
 follows:
   24.  [Co-operate]  COOPERATE  with  local health departments and other
 local agencies in preventing the production, manufacture, sale or offer-
 ing for sale of  fraudulent,  deleterious  or  unwholesome  food.    THE
 DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, SHALL ANNUALLY
 PRODUCE  TO  THE  LEGISLATURE  A  REPORT DETAILING A DETERMINATION AS TO
 WHICH FOODS MAY BE UNWHOLESOME OR  DELETERIOUS  ACCORDING  TO  GENERALLY
 ACCEPTED  NUTRITIONAL  STANDARDS. The commissioner may contract with any
 such local health department or other local agency for  the  performance
 of  inspections  with respect to any food or other product over which he
 OR SHE has jurisdiction, powers and duties under the provisions of  this
 chapter.
   §  4.  Subdivision  1  of  section 2599-b of the public health law, as
 amended by section 1 of part A of chapter 469 of the laws  of  2015,  is
 amended to read as follows:
   1.  The  program shall be designed to prevent and reduce the incidence
 and prevalence of obesity in children and adolescents, especially  among
 populations  with  high  rates  of  obesity  and  obesity-related health
 complications including, but not limited to,  diabetes,  heart  disease,
 cancer,  osteoarthritis,  asthma,  emphysema,  chronic bronchitis, other
 chronic respiratory diseases and other conditions. The program shall use
 recommendations and goals of the United States departments  of  agricul-
 ture  and health and human services, the surgeon general and centers for
 disease control and prevention in developing and implementing guidelines
 for nutrition education and physical activity projects as part of obesi-
 ty prevention efforts. The content and  implementation  of  the  program
 shall  stress  the  benefits of choosing a balanced, healthful diet from
 the many options available to consumers[, without specifically targeting
 S. 7487--B                          4

 the elimination of any particular food group, food product  or  food-re-
 lated industry].
   § 5. Severability.  If any part or provision of this act or its appli-
 cation  to a person is held invalid, the invalidity of that provision or
 application does not affect other provisions or applications of this act
 that can be given effect without the invalid provision or application.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S7487C (ACTIVE) - Details

See Assembly Version of this Bill:: A8583
Current Committee:: Senate Health
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S213, A4424
2025-2026: S397, A2584

2021-S7487C (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.

2021-S7487C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7487C

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law, the general business
law and the public health law, in relation to food and food product
advertising

 
PURPOSE:

To protect children from junk food companies targeting them with false
or misleading advertisements

 
SUMMARY OF PROVISIONS:

Section 1 discusses our legislative findings.

Section 2 amends subdivision 1 of section 202-a of the agriculture and
markets law, providing that when a court determines a violation of this
section, the court will give special consideration to advertising
directed at children.

Section 3 amends section 350-a in article 22-a of general business law,
providing that representations made, failure to reveal material facts,
and the target of an advertisement are all considered when determining
whether an advertisement is false or misleading. In addition, it
provides special consideration when the target audience of an advertise-
ment is children.

Section 4 amends subdivision 1 of section 2599-b of the public health
law, providing that regulators can target specific food related indus-
tries such as ultra-processed foods for the implementation of the child-
hood obesity prevention program.

Section 5 Severability. If any part or provision of this act or its
application to a person is held invalid, the invalidity of that
provision or application does not affect other provisions or applica-
tions of this act that can be given effect without the invalid provision
or application.

Section 6 provides for the effective date.

 
JUSTIFICATION:

Obesity and related comorbidities are currently the second leading
preventable cause of death in the United States and may soon overtake
tobacco as the leading cause of death.-As we continue the fight against
COVID-19, we also know that obesity is associated with impaired immune
function, decreased lung capacity, and increased risk of severe illness
from COVID-19, potentially tripling the risk of hospitalization due to a
COVID-19 infection. Unfortunately, this epidemic is growing exponential-
ly in our children, with rates of childhood obesity tripling in the last
three decades and with nearly one-third of New York's children obese or
overweight. Like many comorbidities, Black and Brown communities suffer
disproportionately, and recent surveys show that Black and Latinx chil-
dren are experiencing higher rates of obesity than their white counter-
parts. This disparity increases risk factors for adult cardiovascular
disease, including high blood pressure and high cholesterol, increased
risk of impaired glucose tolerance, insulin resistance, type 2 diabetes,
asthma, and sleep apnea.

In 2020, a commission convened by the World Health Organization (WHO),
UNICEF, and The Lancet medical journal found that in addition to climate
change and ecological degradation, one of the biggest threats to the
future of the world's children are exploitative marketing practices. In
the United States, children see on average three to five ads for fast
food per day and food-related companies disproportionately target adver-
tising for nutritionally poor products to Hispanic and Black consumers.
As a result, Hispanic and Black children and teens view large numbers of
these ads. These companies spend nearly $14 billion per year on adver-
tising and more than 80% of this advertising promotes fast food, sugary
drinks, candy, and unhealthy snacks.

In New York, the trends are even more disturbing. One New York City
Department of Health study found that Black residents in NYC are likely
to have higher exposure to product images than other groups, including
images of unhealthy products, like sugary drinks. Another study found
that in NYC, street-level sugary drink ads were disproportionately
displayed in specific neighborhoods, especially those with higher
percentages of black, non-Latino residents.  Recently, a survey commis-
sioned by the CUNY Urban Food Policy Institute also supported evidence
of targeted marketing; it found that New Yorkers living and working in
lower income neighborhoods are exposed to almost twice the proportion of
predatory food and beverage marketing messages as those in higher income
communities.

Food companies spend billions of dollars and target our children:
specifically, our black and brown children. Research indicates that food
marketing increases children's immediate and future consumption and
changes food brand preferences. The same appears to be true for adoles-
cents, who, in one study, by a 61% margin, reported that food advertis-
ing makes them want to try the advertised foods. In large part, this is
due to children being particularly susceptible to advertisements. Many
studies have found that until children are 7-8 years old, they do not
have the ability to detect persuasive intent in advertising, and even
when they reach their teenage years, preliminary studies of their neural
responses to advertising suggest that this age group may be more respon-
sive to the rewarding cues presented in junk food marketing and less
able to resist, compared to adults and to older children.

Targeted marketing at vulnerable populations is made even more perni-
cious by the growing consensus that highly processed foods are addic-
tive. One study found that highly processed foods (foods whose composi-
tion do not occur in nature) share characteristics with drugs of abuse.
Other research indicates that the chemical composition of highly proc-
essed foods may actually alter our physiology in unanticipated ways that
could promote overeating and metabolic dysfunction.

Predatory marketing is a direct threat to the health and safety of our
most vulnerable New Yorkers: our children. The Legislature has a respon-
sibility to protect them, and it is incumbent on us to use every tool at
our disposal to do so. The Predatory Marketing Prevention Act
(PMPA)would enshrine such protection in our laws. The PMPA recognizes
that children are an inherently vulnerable population, and that market-
ing 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.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S7487C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7487--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by  Sens. MYRIE, BIAGGI, BROUK, HOYLMAN, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- recommitted to the Committee on Agriculture in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee  and committed to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend the agriculture and markets law, the general business
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13338-15-2

 S. 7487--C                          2
 
 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.
   §  2.  Section  202-a of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
 HAS OCCURRED, THE COURT SHALL CONSIDER FACTORS AND SPECIAL CONSIDERATION
 GIVEN TO ADVERTISING DIRECTED AT  A  CHILD  PURSUANT  TO  SECTION  THREE
 HUNDRED FIFTY-A OF GENERAL BUSINESS LAW.
   §  3.  Section 350-a of general business law is amended by adding five
 new subdivisions 4, 5, 6, 7, and 8 to read as follows:
   4. IN DETERMINING WHETHER ADVERTISING OF A FOOD  OR  FOOD  PRODUCT  IS
 MISLEADING,  THERE  SHALL  BE  TAKEN  INTO  ACCOUNT  ANY REPRESENTATIONS
 DISSEMINATED IN ANY MANNER OR BY ANY MEANS INCLUDING  DIGITALLY,  OR  BY
 STATEMENT,  WORD,  DESIGN, DEVICE, SOUND OR ANY COMBINATION THEREOF, FOR
 THE PURPOSE OF INDUCING, OR WHICH ARE  LIKELY  TO  INDUCE,  DIRECTLY  OR
 INDIRECTLY,  THE PURCHASE OF FOOD OR FOOD PRODUCTS SHALL NOT BE FALSE OR
 MISLEADING IN ANY  MANNER.    IN  DETERMINING  WHETHER  ANY  ADVERTISING
 CONCERNING  A FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING, FACTORS SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE EXTENT TO WHICH THE ADVERTISING FAILS TO REVEAL FACTS MATERIAL
 IN THE LIGHT OF SUCH REPRESENTATIONS WITH RESPECT TO THE  FOOD  OR  FOOD
 PRODUCT TO WHICH THE ADVERTISING RELATES UNDER THE CONDITIONS PRESCRIBED
 IN  SAID  ADVERTISEMENT,  OR  UNDER  SUCH CONDITIONS AS ARE CUSTOMARY OR
 USUAL;
   (B) WHETHER THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT  TARGETING  A
 CONSUMER  WHO IS REASONABLY UNABLE TO PROTECT THEIR INTERESTS BECAUSE OF
 THEIR AGE,  PHYSICAL  INFIRMITY,  IGNORANCE,  ILLITERACY,  INABILITY  TO
 UNDERSTAND THE LANGUAGE OF AN AGREEMENT, OR SIMILAR FACTOR USED:
   (I) AN UNFAIR ACT, PRACTICE, OR CONDUCT; OR
   (II) A DECEPTIVE REPRESENTATION, OMISSION, PRACTICE, OR CONTENT; AND
   (C)  WHETHER:  (I)  THE  ADVERTISEMENT  CAUSES  OR  IS LIKELY TO CAUSE
 SUBSTANTIAL INJURY TO CONSUMERS;  (II)  THE  INJURY  IS  NOT  REASONABLY
 AVOIDABLE  BY CONSUMERS; AND (III) THE INJURY IS NOT OUTWEIGHED BY COUN-
 TERVAILING BENEFITS TO CONSUMERS OR TO COMPETITION.
   (D) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION SIX  OF  THIS
 SECTION,  A  "CONSUMER"  IS  DEFINED  AS A PERSON WHO IS TARGETED BY AND
 EXPOSED TO AN ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
   5. FOR THE PURPOSES OF PARAGRAPH  (A)  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION,  A  TRUE  STATEMENT OF INFORMATION IN BRIEF SUMMARY RELATING TO
 EFFECTS OF  SUBSTANTIAL  CONSUMPTION  OF  THIS  PRODUCT  IS  SUFFICIENT.
 UNTRUE  OR  MISLEADING INFORMATION IN ANY PART OF THE ADVERTISEMENT WILL
 NOT BE CORRECTED BY THE INCLUSION IN ANOTHER DISTINCT PART OF THE ADVER-
 TISEMENT OF A BRIEF STATEMENT CONTAINING TRUE  INFORMATION  RELATING  TO
 THE EFFECTS OF CONSUMPTION.
   6. FOR THE PURPOSES OF THIS SECTION, FOR A CONSUMER:
   (A) AN ACT, PRACTICE, OR CONDUCT IS "UNFAIR" WHERE IT:
   (I)    CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY TO SUCH CONSUM-
 ER;
   (II)   CANNOT BE REASONABLY AVOIDED BY SUCH CONSUMER; AND
   (III) IS NOT OUTWEIGHED BY COUNTERVAILING BENEFITS TO SUCH CONSUMER OR
 TO COMPETITION.
   (B) A REPRESENTATION, OMISSION, OR PRACTICE IS "DECEPTIVE" WHERE:
   (I) IT IS LIKELY TO MISLEAD SUCH CONSUMER;
   (II)  SUCH  CONSUMER'S INTERPRETATION OF THE REPRESENTATION, OMISSION,
 OR PRACTICE IS CONSIDERED REASONABLE UNDER THE CIRCUMSTANCES; AND
 S. 7487--C                          3
 
   (III) THE MISLEADING REPRESENTATION, OMISSION, OR PRACTICE IS  MATERI-
 AL.
   7.  FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION,
 SPECIAL CONSIDERATION SHALL BE GIVEN TO  ADVERTISEMENTS  DIRECTED  AT  A
 CHILD  AS  DEFINED  IN  SECTION  THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
 SERVICES LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A  FOOD
 OR  FOOD  PRODUCT IS DIRECTED AT A CHILD, FACTORS SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A) SUBJECT MATTER;
   (B) VISUAL CONTENT;
   (C) USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES AND INCEN-
 TIVES;
   (D) MUSIC OR OTHER AUDIO CONTENT;
   (E) AGE OF MODELS;
   (F) PRESENCE OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL  TO  CHIL-
 DREN;
   (G) LANGUAGE;
   (H)  COMPETENT  AND  RELIABLE  EMPIRICAL  EVIDENCE  REGARDING AUDIENCE
 COMPOSITION AND EVIDENCE REGARDING THE INTENDED AUDIENCE;
   (I) PHYSICAL LOCATION OF ADVERTISEMENT, INCLUDING, BUT NOT LIMITED TO,
 PROXIMITY TO SCHOOLS OR OTHER INSTITUTIONS FREQUENTED BY CHILDREN;
   (J) MEDIUM BY WHICH THE ADVERTISEMENT IS COMMUNICATED, INCLUDING,  BUT
 NOT LIMITED TO, SOCIAL MEDIA; OR
   (K) OTHER SIMILAR FACTORS.
   8. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, THE ATTOR-
 NEY  GENERAL,  IN  THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, OR A
 CITY CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY BRING AN  ACTION
 IN  THE  SUPREME  COURT OR FEDERAL DISTRICT COURT TO ENJOIN AND RESTRAIN
 SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   (B) ANY PERSON, FIRM, CORPORATION OR ASSOCIATION THAT HAS BEEN DAMAGED
 AS A RESULT OF VIOLATIONS OF THIS SECTION SHALL BE ENTITLED TO BRING  AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS SECTION IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT BY SEEKING AN INJUNCTION.
   (C)  THE  COURT  MAY  AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   § 4. Subdivision 1 of section 2599-b of  the  public  health  law,  as
 amended  by  section  1 of part A of chapter 469 of the laws of 2015, is
 amended to read as follows:
   1. The program shall be designed to prevent and reduce  the  incidence
 and  prevalence of obesity in children and adolescents, especially among
 populations with  high  rates  of  obesity  and  obesity-related  health
 complications  including,  but  not limited to, diabetes, heart disease,
 cancer, osteoarthritis, asthma,  emphysema,  chronic  bronchitis,  other
 chronic respiratory diseases and other conditions. The program shall use
 recommendations  and  goals of the United States departments of agricul-
 ture and health and human services, the surgeon general and centers  for
 disease control and prevention in developing and implementing guidelines
 for nutrition education and physical activity projects as part of obesi-
 ty  prevention  efforts.  The  content and implementation of the program
 shall stress the benefits of choosing a balanced,  healthful  diet  from
 the many options available to consumers[, without specifically targeting
 the  elimination  of any particular food group, food product or food-re-
 lated industry] WHILE SPECIFICALLY INCLUDING EDUCATION ON ACCESS AND THE
 NUTRITIONAL VALUE OF LOCALLY GROWN FOODS.  THE PROGRAM  SHALL  COOPERATE
 WITH  THE DEPARTMENT OF AGRICULTURE AND MARKETS TO ADD ACCESS TO LOCALLY
 GROWN FOODS WITHIN THE GUIDELINES AND FRAMEWORK OF THE PROGRAM.
 S. 7487--C                          4
 
   § 5. Severability.  If any part or provision of this act or its appli-
 cation to a person is held invalid, the invalidity of that provision  or
 application does not affect other provisions or applications of this act
 that can be given effect without the invalid provision or application.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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