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Senate Bill S10400

2025-2026 Legislative Session

Prohibits billboard advertising of alcohol, tobacco and nicotine products and gambling or sports wagering services

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Current Bill Status - In Senate Committee Consumer Protection Committee

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2025-S10400 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaaa, Gen Bus l

2025-S10400 (ACTIVE) - Summary

Prohibits any person, corporation, or advertising operator from displaying or maintaining a billboard advertisement that promotes the purchase, use or consumption of tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services; defines terms; provides an exception for public health messaging sponsored by a government entity.

2025-S10400 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10400
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   billboard advertising of alcohol, tobacco and  nicotine  products  and
   gambling or sports wagering services
 
   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 section
 396-aaaa to read as follows:
   § 396-AAAA. BILLBOARD ADVERTISING OF ALCOHOL,  TOBACCO,  NICOTINE  AND
 GAMBLING  PROHIBITED.  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BILLBOARD ADVERTISEMENT" MEANS ANY  OUTDOOR  ADVERTISING  DISPLAY
 VISIBLE  FROM  A  PUBLIC ROADWAY, SIDEWALK, PARK, OR OTHER PUBLIC PLACE,
 INCLUDING STATIC AND DIGITAL BILLBOARDS.
   (B) "DIGITAL BILLBOARD" MEANS A ONE OR MULTI-SIDED OUTDOOR ADVERTISING
 SIGN THAT DISPLAYS DIGITAL IMAGES USING LIGHT-EMITTING DIODE  TECHNOLOGY
 OR ANY SUCH SIMILAR TECHNOLOGY.
   (C)  "TOBACCO  PRODUCTS"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
 SUBDIVISION FIVE OF SECTION ONE THOUSAND THREE HUNDRED NINETY-NINE-AA OF
 THE PUBLIC HEALTH LAW.
   (D) "ALTERNATIVE NICOTINE PRODUCT" MEANS ANY  NONCOMBUSTIBLE  PRODUCT,
 OTHER  THAN  VAPOR PRODUCTS, WHICH CONTAINS NICOTINE BUT NOT TOBACCO AND
 IS INTENDED FOR HUMAN CONSUMPTION, WHETHER CHEWED, ABSORBED,  DISSOLVED,
 OR INGESTED BY ANY OTHER MEANS. "ALTERNATIVE NICOTINE PRODUCT" SHALL NOT
 INCLUDE  ANY  PRODUCT REGULATED AS A DRUG OR DEVICE BY THE U.S. FOOD AND
 DRUG ADMINISTRATION (FDA) UNDER CHAPTER V (21 U.S.C. § 351 ET  SEQ.)  OF
 THE  FEDERAL FOOD, DRUG, AND COSMETIC ACT. THE TERM "UNIT" AS IT RELATES
 TO ALTERNATIVE NICOTINE PRODUCTS MEANS ANY CANNISTER, PACK, BOX, CARTON,
 OR CONTAINER OF ANY KIND OR, IF NO OTHER  CONTAINER,  ANY  WRAPPING,  IN
 WHICH  AN  ALTERNATIVE  NICOTINE  PRODUCT  IS OFFERED FOR SALE, SOLD, OR
 OTHERWISE DISTRIBUTED TO CONSUMERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15844-01-6
 S. 10400                            2

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