S T A T E O F N E W Y O R K
________________________________________________________________________
2584--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 21, 2025
___________
Introduced by M. of A. REYES, KELLES, JACKSON, TAPIA, SANTABARBARA,
TAYLOR, SIMONE, ROSENTHAL, RAGA, SIMON, GONZALEZ-ROJAS, MEEKS,
BURDICK, TORRES, ALVAREZ, STECK, SHIMSKY, SCHIAVONI, BUTTENSCHON,
KASSAY -- read once and referred to the Committee on Agriculture --
recommitted to the Committee on Consumer Affairs and Protection in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the general business law, 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 food and beverages high in saturated fatty acids, trans-fatty
acids, and free sugars 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 which include
but are not limited to increased rates of malnutrition, undernutrition,
micronutrient deficiencies, obesity, and other diet-related illnesses.
Such marketing is inherently misleading, aggressive, and pervasive as
children often lack the same ability to resist the rewarding cues
presented in unhealthy food marketing as adults. New York has a strong
and substantial interest in protecting our children from negative health
consequences and remain aligned with the goals of the Convention on the
Rights of the Child which ensures access to nutritious foods and freedom
from exploitation of all kinds. 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 children can mislead and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00461-08-6
A. 2584--A 2
manipulate children into lifelong habits, and that such unfair and
deceptive advertising should be regulated accordingly.
§ 2. Section 350-a of the general business law is amended by adding a
new subdivision 5 to read as follows:
5. FOR PURPOSES OF THIS SECTION, FACTORS FOR DETERMINING WHETHER AN
ADVERTISEMENT IS FALSE ADVERTISING SHALL INCLUDE, BUT NOT BE LIMITED TO,
WHETHER THE ADVERTISEMENT IS DIRECTED AT A CHILD AS DEFINED IN SECTION
SEVENTY-FIVE-A OF THE DOMESTIC RELATIONS LAW, OR A PARENT OR GUARDIAN
ACTING ON A CHILD'S BEHALF. IN DETERMINING WHETHER AN ADVERTISEMENT
CONCERNING A FOOD OR FOOD PRODUCT IS DIRECTED AT A CHILD OR A PARENT OR
GUARDIAN ACTING ON A CHILD'S BEHALF, FACTORS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(A) SUBJECT MATTER;
(B) VISUAL CONTENT;
(C) USE OF BRIGHT COLORS AND ANIMATED CHARACTERS OR CHILD-ORIENTED
ACTIVITIES AND INCENTIVES;
(D) MUSIC OR OTHER AUDIO CONTENT;
(E) AGE OF MODELS;
(F) PRESENCE OF CHILD CELEBRITIES OR CELEBRITIES WHO APPEAL TO CHIL-
DREN;
(G) LANGUAGE INCLUDING CLAIMS, BUZZWORDS, SAYINGS, AND/OR PHRASES THAT
ARE TRENDING SUCH AS COMMON COLLOQUIAL WORDS SPECIFIC TO THE AGE GROUP;
(H) COMPETENT AND RELIABLE EMPIRICAL EVIDENCE REGARDING AUDIENCE
COMPOSITION AND EVIDENCE REGARDING THE INTENDED 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 TELEVISION/COMMERCIAL ADVERTISING; AND
(K) OTHER RELATED FACTORS INCLUDING, BUT NOT LIMITED TO, THE EASE OF
ACCESSIBILITY OF THE PRODUCT FOR CHILDREN.
§ 3. 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 THE FACTORS SET FORTH IN SECTION THREE HUNDRED
FIFTY-A OF THE GENERAL BUSINESS LAW, AND SPECIAL CONSIDERATION SHALL BE
GIVEN TO ADVERTISING DIRECTED AT A CHILD OR A PARENT OR GUARDIAN ACTING
ON A CHILD'S BEHALF.
§ 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] THAT SPECIFICALLY INCLUDES EDUCATION ON ACCESS AND THE
A. 2584--A 3
NUTRITIONAL VALUE OF LOCALLY GROWN FOODS AND FOOD PRODUCTS. THIS SHALL
INCLUDE BUT NOT BE LIMITED TO, DAIRY, FRUIT AND VEGETABLE FOOD PRODUCTS.
THE PROGRAM SHALL COOPERATE WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS TO ADD ACCESS TO LOCALLY GROWN FOODS AND FOOD PRODUCTS. THIS
SHALL INCLUDE BUT NOT BE LIMITED TO, DAIRY, FRUIT AND VEGETABLE FOOD
PRODUCTS WITHIN THE GUIDELINES AND FRAMEWORK OF THE PROGRAM.
§ 5. Severability. If any part or provision of this act or its appli-
cation to a person is held invalid, the invalidity of that part,
provision or application does not affect other parts, 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.