senate Bill S213

2023-2024 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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2023 reported and committed to health
Jan 04, 2023 referred to agriculture

Votes

view votes

Jan 25, 2023 - Agriculture committee Vote

S213
5
3
committee
5
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jan 25, 2023

aye wr (1)

Co-Sponsors

S213 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §202-a, Ag & Mkts L; amd §§350-a & 350-e, Gen Bus L; amd §2599-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S7487

S213 (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.

S213 (ACTIVE) - Sponsor Memo

S213 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    213
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. MYRIE, BROUK, HOYLMAN, RAMOS, SKOUFIS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Agriculture
 
 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.    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 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. IN DETERMINING WHETHER 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 the general business law is amended by adding
 three new subdivisions 4, 5 and 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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