Bill Text: NY S00536 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2023-06-08 - SUBSTITUTED BY A5994B [S00536 Detail]

Download: New_York-2023-S00536-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           536

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced by Sens. THOMAS, GOUNARDES, JACKSON -- 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 research and
          misrepresentations of electronic cigarettes; and to amend  the  public
          health  law,  in  relation  to  restricting  certain advertisement and
          promotion of electronic cigarettes

          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 article
     2  24-D to read as follows:

     3                                ARTICLE 24-D
     4           RESEARCH AND MISREPRESENTATION OF ELECTRONIC CIGARETTES

     5  Section 375. Research and misrepresentations of electronic cigarettes.
     6    §  375.  Research  and misrepresentations of electronic cigarettes. 1.
     7  Any provision or restriction in a contract or other  agreement  relating
     8  to  the  development  of  electronic cigarettes and products relating to
     9  their use including, but not limited to,  components  of  such  devices,
    10  heretofore  or  hereafter made or entered into, which limits, restrains,
    11  prohibits or otherwise provides for the suppression of research into the
    12  health consequences of the  use  of  electronic  cigarettes,  is  hereby
    13  declared to be void as against public policy and wholly unenforceable.
    14    2.  No  manufacturer, distributor, or retailer engaged in the business
    15  of manufacturing, selling, advertising, marketing or otherwise  distrib-
    16  uting  electronic  cigarettes shall misrepresent any facts regarding the
    17  health consequences of the use of electronic cigarettes.
    18    3. Any person, firm, corporation,  partnership,  association,  limited
    19  liability  company, or other entity that violates the provisions of this
    20  section shall be subject to a  civil  penalty  of  not  more  than  five

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01874-01-3
        S. 536                              2

     1  hundred  dollars per violation, recoverable in an action by the attorney
     2  general or by any enforcement authority designated by  any  municipality
     3  or political subdivision.
     4    §  2.  The  public  health  law  is  amended  by  adding a new section
     5  1399-bb-1 to read as follows:
     6    § 1399-bb-1.    Promotions  prohibited.  1.  No  manufacturer  and  no
     7  distributor  of electronic cigarettes shall market, license, distribute,
     8  sell, or cause to be marketed, licensed, distributed, or sold  any  item
     9  (other  than  electronic  cigarettes)  or service, which bears the brand
    10  name (alone or in conjunction with any other word), logo, symbol, motto,
    11  selling message, recognizable color or pattern of colors, or  any  other
    12  indicia  of product identification identical or similar to, or identifi-
    13  able with, those used for any brand of electronic cigarette.
    14    2. No manufacturer, distributor, or retailer may offer or cause to  be
    15  offered  any gift or item to any person purchasing electronic cigarettes
    16  in consideration of the purchase thereof.
    17    3. No manufacturer, distributor, or retailer may sponsor or  cause  to
    18  be  sponsored  any  athletic,  musical,  artistic,  or  other  social or
    19  cultural event, or any entry or team in any event,  in  the  brand  name
    20  (alone  or  in  conjunction  with  any other word), logo, symbol, motto,
    21  selling message, recognizable color or pattern of colors, or  any  other
    22  indicia  of product identification identical or similar to, or identifi-
    23  able with, those used for any brand of electronic cigarette.  Nothing in
    24  this subdivision prevents a manufacturer, distributor, or retailer  from
    25  sponsoring  or  causing to be sponsored any athletic, musical, artistic,
    26  or other social or cultural event, or team or entry, in the name of  the
    27  corporation  which manufactures the electronic cigarettes, provided that
    28  both the corporate name and the corporation were registered and  in  use
    29  in  the United States prior to January first, two thousand twenty-three,
    30  and that the corporate name does not include any brand name (alone or in
    31  conjunction with any other word), logo, symbol, motto, selling  message,
    32  recognizable color or pattern of colors, or any other indicia of product
    33  identification identical or similar to, or identifiable with, those used
    34  for any brand of electronic cigarettes.
    35    §  3. This act shall take effect on the first of January next succeed-
    36  ing the date on which it shall have become a law.