New York S 397: Relates to food and food product advertising

Bill Text

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S00397 Summary:

BILL NOS00397A

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SAME ASSAME AS A02584-A

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SPONSORMYRIE

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COSPNSRBAILEY, BROUK, CLEARE, COMRIE, FAHY, HOYLMAN-SIGAL, KAVANAGH, MAY, RAMOS, SEPULVEDA, SKOUFIS, WEBB

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MLTSPNSR

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Amd §202-a, Ag & Mkts L; amd §350-a, Gen Bus L; amd §2599-b, Pub Health L

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Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

Go to top S00397 Actions:

BILL NOS00397A

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01/08/2025REFERRED TO AGRICULTURE

02/04/2025REPORTED AND COMMITTED TO CONSUMER PROTECTION

03/11/20251ST REPORT CAL.511

03/12/20252ND REPORT CAL.

03/13/2025ADVANCED TO THIRD READING 

06/09/2025PASSED SENATE

06/09/2025DELIVERED TO ASSEMBLY

06/09/2025referred to consumer affairs and protection

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO AGRICULTURE

03/03/2026AMEND AND RECOMMIT TO AGRICULTURE

03/03/2026PRINT NUMBER 397A

Go to topS00397 Committee&nbspVotes:

Go to topS00397 Floor&nbspVotes:

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

Go to topS00397 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 397--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. MYRIE, BAILEY, BROUK, CLEARE, COMRIE, FAHY,
 KAVANAGH, MAY, RAMOS, SEPULVEDA, SKOUFIS, WEBB -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Agriculture -- recommitted to the Committee on Agriculture in accord-
 ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 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:

 1 Section 1. Legislative findings and intent. The legislature hereby
 2 finds that children are an inherently vulnerable population, and that
 3 marketing food and beverages high in saturated fatty acids, trans-fatty
 4 acids, and free sugars in a targeted and persistent manner to this group
 5 is inconsistent with this state's efforts to curb the disastrous health
 6 outcomes that follow the overconsumption of these products which include
 7 but are not limited to increased rates of malnutrition, undernutrition,
 8 micronutrient deficiencies, obesity, and other diet-related illnesses.
 9 Such marketing is inherently misleading, aggressive, and pervasive as
 10 children often lack the same ability to resist the rewarding cues
 11 presented in unhealthy food marketing as adults. New York has a strong
 12 and substantial interest in protecting our children from negative health
 13 consequences and remain aligned with the goals of the Convention on the
 14 Rights of the Child which ensures access to nutritious foods and freedom
 15 from exploitation of all kinds. Additionally, the power of the state is
 16 at its greatest when protecting the health and welfare of its citizens,
 17 especially those most vulnerable. Thus, the legislature finds that
 18 unfair and deceptive marketing targeted at children can mislead and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00461-07-6

 S. 397--A 2

 1 manipulate children into lifelong habits, and that such unfair and
 2 deceptive advertising should be regulated accordingly.
 3 § 2. Section 350-a of the general business law is amended by adding a
 4 new subdivision 5 to read as follows:
 5 5. For purposes of this section, factors for determining whether an
 6 advertisement is false advertising shall include, but not be limited to,
 7 whether the advertisement is directed at a child as defined in section
 8 seventy-five-a of the domestic relations law, or a parent or guardian
 9 acting on a child's behalf. In determining whether an advertisement
 10 concerning a food or food product is directed at a child or a parent or
 11 guardian acting on a child's behalf, factors shall include, but not be
 12 limited to:
 13 (a) Subject matter;
 14 (b) Visual