New York S 10401: Relates to the removal of billboard advertisements related to the promotion of tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services

Bill Text

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 Speaker Carl E. Heastie

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S10401 Summary:

BILL NOS10401 

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SAME ASNo Same As

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SPONSORFERNANDEZ

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COSPNSR

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MLTSPNSR

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Add §396-aaaa, Gen Bus L

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Requires that any billboard advertisement that promotes tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services shall be removed exactly upon the last day of the advertising contract for such billboard advertisement and replaced with a public service announcement about the health harms of the same product which was removed.

Go to top S10401 Actions:

BILL NOS10401 

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05/15/2026REFERRED TO CONSUMER PROTECTION

Go to topS10401 Committee&nbspVotes:

Go to topS10401 Floor&nbspVotes:

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

Go to topS10401 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10401

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. FERNANDEZ -- 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 the removal of
 billboard advertisements related to the promotion of tobacco products,
 alternative nicotine products, vapor products, alcoholic beverages or
 gambling or sports wagering services

 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 section
 2 396-aaaa to read as follows:
 3 § 396-aaaa. Billboard advertising of alcohol, tobacco, nicotine and
 4 gambling prohibited. 1. For purposes of this section, the following
 5 terms shall have the following meanings:
 6 (a) "Billboard advertisement" means any outdoor advertising display
 7 visible from a public roadway, sidewalk, park, or other public place,
 8 including static and digital billboards.
 9 (b) "Digital billboard" means a one or multi-sided outdoor advertising
 10 sign that displays digital images using light-emitting diode technology
 11 or any such similar technology.
 12 (c) "Tobacco products" shall have the same meaning as defined in
 13 subdivision five of section thirteen hundred ninety-nine-aa of the
 14 public health law.
 15 (d) "Alternative nicotine product" means any noncombustible product,
 16 other than vapor products, which contains nicotine but not tobacco and
 17 is intended for human consumption, whether chewed, absorbed, dissolved,
 18 or ingested by any other means. "Alternative nicotine product" shall not
 19 include any product regulated as a drug or device by the U.S. Food and
 20 Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of
 21 the Federal Food, Drug, and Cosmetic Act. The term "unit" as it relates
 22 to alternative nicotine products means any cannister, pack, box, carton,
 23 or container of any kind or, if no other container, any wrapping, in
 24 which an alternative nicotine product is offered for sale, sold, or
 25 otherwise distributed to consumers.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15845-01-6

 S. 10401 2

 1 (e) "Vapor products" shall have the same meaning as defined in subdi-
 2 vision seventeen of section thirteen hundred ninety-nine-aa of the
 3 public health law.
 4 (f) "Alcoholic beverage" shall have the same meaning as defined in
 5 subdivision one of section three of the alcoholic beverage control law.
 6 (g) "Gambling or sports wagering services" shall include casino
 7 gaming, sports wagering, pari-mutuel wagering, fantasy sports,
 8 lotteries, sweepstakes involving consideration and prize, bookmaking,
 9 wagering pools, betting exchanges, interactive gaming, and any other
 10 activity involving the placement or facilitation of wagers or bets for
 11 money or anything of value.
 12 2. On or after the effective date of this section, any billboard
 13 advertisement that promotes tobacco products, alternative nicotine
 14 products, vapor products, alcoholic beverages or gambling or sports
 15 wagering services shall be removed exactly upon the last day of the
 16 advertising contract for such billboard advertisement.
 17 3. Upon the removal of such billboard advertisement pursuant to subdi-
 18 vision two of this section,