Bill Text: NY S00276 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a false representation of affiliation or approval, or false implication of such affiliation or approval, of any official, state or local agencies or other official source, shall be false advertising.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S00276 Detail]

Download: New_York-2023-S00276-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           276

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by Sen. GOUNARDES -- 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 false represen-
          tation of affiliation or approval of state or local agencies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 350-a of the general business law,  as  amended  by
     2  chapter  615  of the laws of 1988, subdivision 3 as added by chapter 107
     3  of the laws of 1994, is amended to read as follows:
     4    § 350-a. False advertising. 1.  The  term  "false  advertising"  means
     5  advertising, including labeling, of a commodity, or of the kind, charac-
     6  ter, terms or conditions of any employment opportunity if such advertis-
     7  ing  is  misleading  in  a  material respect. In determining whether any
     8  advertising is misleading, there shall  be  taken  into  account  (among
     9  other  things) not only representations made by statement, word, design,
    10  device, sound or any combination thereof, but also the extent  to  which
    11  the  advertising  fails  to  reveal  facts material in the light of such
    12  representations with respect to the commodity or employment to which the
    13  advertising relates under the conditions prescribed in  said  advertise-
    14  ment,  or  under such conditions as are customary or usual. For purposes
    15  of this article, with respect to the advertising of an employment oppor-
    16  tunity, it shall be deemed "misleading in a material respect" to  either
    17  fail  to  reveal  whether  the  employment  available  or  being offered
    18  requires or is conditioned upon the purchasing or leasing  of  supplies,
    19  material, equipment or other property or whether such employment is on a
    20  commission  rather  than  a  fixed  salary basis and, if so, whether the
    21  salaries advertised are only obtainable if  sufficient  commissions  are
    22  earned.
    23    2.  Any written or electronic communication which simulates a document
    24  authorized, issued or approved by any court, official,  agency  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01560-01-3
        S. 276                              2

     1  state  or  a political subdivision thereof, or of another state or offi-
     2  cial governmental entity, foreign or domestic, or which creates a  false
     3  impression  as  to  such  document's  source, authorization or approval,
     4  shall  be  considered  false advertising unless the person, firm, corpo-
     5  ration or association,  or  agent  or  employee  thereof,  has  received
     6  express  permission  from such court, official, or agency for the use of
     7  such document. This subdivision shall be construed to prohibit any false
     8  representation or implication, written or verbal, that a  person,  firm,
     9  corporation  or  association,  or  agent  or employee thereof, selling a
    10  commodity or service is vouched for, approved of, bonded  by,  operating
    11  with or on behalf of, or otherwise affiliated with this state or a poli-
    12  tical  subdivision thereof, or of another state or official governmental
    13  entity, foreign or domestic, unless such person,  firm,  corporation  or
    14  association,  or agent or employee thereof, has received express permis-
    15  sion from such state or political subdivision for such affiliation.
    16    3. An employer shall not be liable under this section as a result of a
    17  failure to disclose all material facts relating to terms and  conditions
    18  of  employment if the aggrieved person has not suffered actual pecuniary
    19  damage as a result of the misleading advertising of an employment oppor-
    20  tunity or if the employer has, prior to the aggrieved  person  suffering
    21  any  pecuniary  damage,  disclosed  in writing to that person a full and
    22  accurate description of the kind, character, terms and conditions of the
    23  employment opportunity.
    24    [3.] 4. It shall constitute false advertising to display or  announce,
    25  in  print or broadcast advertising, the price of an item after deduction
    26  of a rebate unless the actual selling price is displayed  or  announced,
    27  and  clear  and  conspicuous notice is given in the advertisement that a
    28  mail-in rebate is required to achieve the lower net price.
    29    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    30  have become a law. Effective immediately, the addition, amendment and/or
    31  repeal  of  any  rule  or regulation necessary for the implementation of
    32  this act on its effective date are authorized to be made  and  completed
    33  on or before such effective date.