S T A T E O F N E W Y O R K
________________________________________________________________________
397
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. MYRIE, BAILEY, BROUK, CLEARE, COMRIE, HOYLMAN-SIGAL,
KAVANAGH, MAY, RAMOS, SEPULVEDA, SKOUFIS, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Agriculture
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
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.
LBD00461-02-5
S. 397 2
§ 2. Section 350-a of the general business law is amended by adding
two new subdivisions 4 and 5 to read as follows:
4. IN DETERMINING WHETHER ANY ADVERTISING CONCERNING A FOOD OR FOOD
PRODUCT IS FALSE ADVERTISING, FACTORS SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(A) WHETHER THE ADVERTISEMENT TARGETS A CONSUMER WHO IS REASONABLY
UNABLE TO PROTECT THEIR INTERESTS BECAUSE OF THEIR AGE, ILLITERACY,
INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT OR SIMILAR FACTOR.
(B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION FIVE OF THIS
SECTION, A "CONSUMER" IS DEFINED AS A PERSON WHO IS TARGETED BY AN
ADVERTISEMENT, OR THOSE ACTING ON SUCH A PERSON'S BEHALF.
5. FOR PURPOSES OF PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION,
SPECIAL CONSIDERATION SHALL BE GIVEN TO ADVERTISEMENTS DIRECTED AT A
CHILD AS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
SERVICES LAW. IN DETERMINING WHETHER AN ADVERTISEMENT CONCERNING A FOOD
OR FOOD PRODUCT IS DIRECTED AT A CHILD, 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 SIMILAR FACTORS INCLUDING PRICE, PRODUCTS THAT OFFER CONVEN-
IENCE IN FINANCIAL SAVINGS, AND SAVING TIME SUCH AS EASY-TO-MAKE OR
PURCHASE MEALS.
§ 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 FACTORS AND SPECIAL CONSIDERATION GIVEN TO
ADVERTISING DIRECTED AT A CHILD PURSUANT TO SECTION THREE HUNDRED
FIFTY-A OF THE GENERAL BUSINESS LAW.
§ 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-
S. 397 3
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] WHILE SPECIFICALLY INCLUDING EDUCATION ON ACCESS AND THE
NUTRITIONAL VALUE OF LOCALLY GROWN FOODS AND FOOD PRODUCTS INCLUDING,
BUT NOT 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 INCLUDING, BUT
NOT 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.
