New York A 1687: Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product

Bill Text

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A01687 Summary:

BILL NOA01687 

&nbsp

SAME ASSAME AS S04854

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRSayegh

&nbsp

MLTSPNSR

&nbsp

Add §1399-mm-4, Pub Health L

&nbsp

Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.

Go to top A01687 Actions:

BILL NOA01687 

&nbsp

01/14/2025referred to health

01/07/2026referred to health

Go to topA01687 Committee&nbspVotes:

Go to topA01687 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01687 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1687

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, SAYEGH -- read once and referred to
 the Committee on Health

 AN ACT to amend the public health law, in relation to prohibiting the
 packaging, sale and distribution of confectionery and candy designed
 to resemble a tobacco product

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

 1 Section 1. The public health law is amended by adding a new section
 2 1399-mm-4 to read as follows:
 3 § 1399-mm-4. Packaging, sale and distribution of confectionery or
 4 candy product designed to resemble a tobacco product prohibited. 1. For
 5 the purposes of this section, the following terms shall have the follow-
 6 ing meanings:
 7 a. "Manufacture" shall mean the production, preparation, processing,
 8 packaging, repackaging, labeling or relabeling of a confectionery or
 9 candy product designed to resemble a tobacco product.
 10 b. "Markings" shall mean a simulated trademark, trade name, imprinting
 11 or other mark, or likeness thereof, of the manufacturer, distributor or
 12 dispenser of tobacco products or a simulated symbol or likeness thereof
 13 identifying a tobacco product or combination of such products.
 14 c. "Candy and confectionery" shall include preparations of sugar,
 15 honey, or other natural or artificial sweeteners in combination with
 16 chocolate, fruits, nuts or other ingredients or flavorings in the form
 17 of, but not limited to, bars, drops, or pieces. Examples of candy and
 18 confectionery include: candy bars; chocolates; fruit, nuts, and popcorn
 19 covered with caramel, chocolate, honey, sprinkles, or other similar
 20 coatings; honey-roasted nuts; chewing gum; fudge; maple sugar candy;
 21 candy or chocolate covered marshmallows in decorative shapes; mints;
 22 peanut brittle; cotton candy; licorice; dietetic candy; and candied
 23 apples.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03929-01-5

 A. 1687 2

 1 d. "Confectionery or candy product designed to resemble a tobacco
 2 product" shall mean any confectionery or candy product made as a facsim-
 3 ile of a cigarette, pipe or cigar and is clearly designed to simulate or
 4 mimic a tobacco product, which includes, but is not limited to, candy or
 5 chocolate cigarettes, and bubble gum cigars. Evidence of representa-
 6 tions that the confectionery or candy product is a tobacco product may
 7 include, but is not limited to, oral or written representations by the
 8 manufacturer or seller, as the case may be, about the confectionery or
 9 candy product with regard to: its packaging in a manner normally used
 10 for tobacco products, or markings on the confectionery or candy product.
 11 2. No person, firm, or corporation shall manufacture, sell or hold for
 12 sale confectionery or candy products which are made as a facsimile of a
 13 cigarette, pipe or cigar and are clearly designed to simulate or mimic a
 14 tobacco product.
 15 3. No person, firm, or corporation manufacturing or selling confec-
 16 tionery or candy products shall use, for advertising or packaging
 17 purposes, any name, symbol, device or other identifying mark which is
 18 similar to the name, symbol, device or mark used in advertising or sale
 19 of a tobacco product.
 20 4. No other provision of law authorizing the sale of confectionery
 21 and/or candy products shall authorize the sale of confectionery and/or
 22 candy products designed to resemble a tobacco product.
 23 5. This section shall apply to confectionery and candy of all types,
 24 and simi