Assembly Bill A5994

Signed By Governor
2023-2024 Legislative Session

Relates to research and restricting advertisement and promotion of electronic cigarettes

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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
Votes

Bill Amendments

2023-A5994 - Details

See Senate Version of this Bill:
S536
Law Section:
General Business Law
Laws Affected:
Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5056
2021-2022: A6989, S778

2023-A5994 - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5994
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  research  and
   misrepresentations  of  electronic cigarettes; and to amend the public
   health law, in  relation  to  restricting  certain  advertisement  and
   promotion of electronic cigarettes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 24-D to read as follows:
 
                               ARTICLE 24-D
          RESEARCH AND MISREPRESENTATION OF ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH AND MISREPRESENTATIONS OF ELECTRONIC CIGARETTES.
   § 375. RESEARCH AND MISREPRESENTATIONS OF  ELECTRONIC  CIGARETTES.  1.
 ANY  PROVISION  OR RESTRICTION IN A CONTRACT OR OTHER AGREEMENT RELATING
 TO THE DEVELOPMENT OF ELECTRONIC CIGARETTES  AND  PRODUCTS  RELATING  TO
 THEIR  USE  INCLUDING,  BUT  NOT LIMITED TO, COMPONENTS OF SUCH DEVICES,
 HERETOFORE OR HEREAFTER MADE OR ENTERED INTO, WHICH  LIMITS,  RESTRAINS,
 PROHIBITS OR OTHERWISE PROVIDES FOR THE SUPPRESSION OF RESEARCH INTO THE
 HEALTH  CONSEQUENCES  OF  THE  USE  OF  ELECTRONIC CIGARETTES, IS HEREBY
 DECLARED TO BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2. NO MANUFACTURER, DISTRIBUTOR, OR RETAILER ENGAGED IN  THE  BUSINESS
 OF  MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHERWISE DISTRIB-
 UTING ELECTRONIC CIGARETTES SHALL MISREPRESENT ANY FACTS  REGARDING  THE
 HEALTH CONSEQUENCES OF THE USE OF ELECTRONIC CIGARETTES.
   3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY THE  ATTORNEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-01-3

2023-A5994A - Details

See Senate Version of this Bill:
S536
Law Section:
General Business Law
Laws Affected:
Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5056
2021-2022: A6989, S778

2023-A5994A - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules

 AN ACT to amend the general business law, in  relation  to  research  of
   electronic cigarettes; and to amend the public health law, in relation
   to restricting certain advertisement and promotion of electronic ciga-
   rettes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 24-D to read as follows:
 
                               ARTICLE 24-D
                     RESEARCH OF ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH OF ELECTRONIC CIGARETTES.
   § 375. RESEARCH OF ELECTRONIC CIGARETTES. ANY PROVISION OR RESTRICTION
 IN A CONTRACT OR OTHER AGREEMENT RELATING TO THE  DEVELOPMENT  OF  ELEC-
 TRONIC  CIGARETTES AND PRODUCTS RELATING TO THEIR USE INCLUDING, BUT NOT
 LIMITED TO, COMPONENTS OF SUCH DEVICES, HERETOFORE OR HEREAFTER MADE  OR
 ENTERED  INTO,  WHICH LIMITS, RESTRAINS, PROHIBITS OR OTHERWISE PROVIDES
 FOR THE SUPPRESSION OF RESEARCH INTO THE HEALTH CONSEQUENCES OF THE  USE
 OF  ELECTRONIC  CIGARETTES,  IS  HEREBY  DECLARED  TO BE VOID AS AGAINST
 PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-bb-1 to read as follows:
   §  1399-BB-1.    PROMOTIONS  PROHIBITED.  1.  NO  MANUFACTURER  AND NO
 DISTRIBUTOR OF ELECTRONIC CIGARETTES SHALL MARKET, LICENSE,  DISTRIBUTE,
 SELL,  OR  CAUSE TO BE MARKETED, LICENSED, DISTRIBUTED, OR SOLD ANY ITEM

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-02-3

2023-A5994B (ACTIVE) - Details

See Senate Version of this Bill:
S536
Law Section:
General Business Law
Laws Affected:
Add Art 24-D §375, Gen Bus L; add §1399-bb-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5056
2021-2022: A6989, S778

2023-A5994B (ACTIVE) - Summary

Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

2023-A5994B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to research relat-
   ing  to  electronic cigarettes; and to amend the public health law, in
   relation to restricting certain advertisement and promotion  of  elec-
   tronic cigarettes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 24-D to read as follows:
 
                               ARTICLE 24-D
                RESEARCH RELATING TO ELECTRONIC CIGARETTES
 
 SECTION 375. RESEARCH RELATING TO ELECTRONIC CIGARETTES.
   § 375. RESEARCH RELATING TO ELECTRONIC CIGARETTES.  ANY  PROVISION  OR
 RESTRICTION IN A CONTRACT OR OTHER AGREEMENT RELATING TO THE DEVELOPMENT
 OF  ELECTRONIC  CIGARETTES AND PRODUCTS RELATING TO THEIR USE INCLUDING,
 BUT NOT LIMITED TO, COMPONENTS OF SUCH DEVICES, HERETOFORE OR  HEREAFTER
 MADE  OR  ENTERED  INTO, WHICH LIMITS, RESTRAINS, PROHIBITS OR OTHERWISE
 PROVIDES FOR THE SUPPRESSION OF RESEARCH INTO THE HEALTH CONSEQUENCES OF
 THE USE OF ELECTRONIC CIGARETTES, IS  HEREBY  DECLARED  TO  BE  VOID  AS
 AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   §  2.  The  public  health  law  is  amended  by  adding a new section
 1399-bb-1 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-05-3
 A. 5994--B                          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.

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