senate Bill S7487B

2021-2022 Legislative Session

Relates to food and food product advertising

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (9)
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

Votes

view votes

May 10, 2022 - Agriculture committee Vote

S7487B
6
3
committee
6
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: May 10, 2022

Co-Sponsors

S7487 - Details

See Assembly Version of this Bill:
A8583
Current Committee:
Senate Health
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

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.

S7487 - Sponsor Memo

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

Co-Sponsors

S7487A - Details

See Assembly Version of this Bill:
A8583
Current Committee:
Senate Health
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

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.

S7487A - Sponsor Memo

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

Co-Sponsors

S7487B - Details

See Assembly Version of this Bill:
A8583
Current Committee:
Senate Health
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§202-a & 16, Ag & Mkts L; amd §2599-b, Pub Health L

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.

S7487B - Sponsor Memo

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

Co-Sponsors

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 & 16, Ag & Mkts L; amd §2599-b, Pub Health L

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.

S7487C (ACTIVE) - Sponsor Memo

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.