Bill Text: NY A04031 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to font size for advertisements.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2019-01-31 - referred to consumer affairs and protection [A04031 Detail]

Download: New_York-2019-A04031-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
        Introduced  by  M.  of A. WEPRIN, GUNTHER, COLTON, COOK, GALEF -- Multi-
          Sponsored by -- M. of A. FAHY, MOSLEY, PERRY -- read once and referred
          to the Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to font  size  for
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.   The general business law  is  amended  by  adding  a  new
     2  section 337-a to read as follows:
     3    §  337-a. Font size for advertisements. 1. The offer, terms, and expi-
     4  ration, if applicable, of an ad, advertisement, circular, flyer or other
     5  publication for the purpose of commercial sale of a product  or  service
     6  shall  be  in  a  legible  font not smaller than size eleven point font.
     7  Nothing in this section shall be construed so as to  require  uniformity
     8  of font or font size in such ad, advertisement, circular or flyer.
     9    2.  Upon submission to the state consumer protection board of a repre-
    10  sentative sample that does  not  conform  to  subdivision  one  of  this
    11  section,  the board shall conduct an investigation and upon confirmation
    12  of non-conformity with subdivision one of this section shall  levy  upon
    13  the publisher of such publication:
    14    a.  On  first  violation  of  this  section  a penalty of one thousand
    15  dollars;
    16    b. On second violation of this  section  a  penalty  of  ten  thousand
    17  dollars;
    18    c.  On  third violation and successive violations thereafter a penalty
    19  of twenty-five thousand dollars.
    20    Each day that such publication is published  or  otherwise  circulated
    21  shall constitute a separate violation of this section.
    22    3.  The  state  consumer protection board shall maintain a registry of
    23  offenses and shall institute rules and regulations  for  the  submission
    24  and adjudication of allegedly non-conforming publications.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4031                             2
     1    4.  a.  A  publisher  that is not the progenitor of the non-conforming
     2  publication shall be allowed to join such party in an action before  the
     3  board,  or otherwise seek indemnification against such party in a compe-
     4  tent court of this state.
     5    b.  A  publisher  that is levied a penalty under this section shall be
     6  allowed to challenge such penalty pursuant to article  seventy-eight  of
     7  the civil practice law and rules.
     8    § 2. This act shall take effect immediately.