New York S 10400: Prohibits billboard advertising of alcohol, tobacco and nicotine products and gambling or sports wagering services

Bill Text

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S10400 Summary:

BILL NOS10400 

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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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Prohibits any person, corporation, or advertising operator from displaying or maintaining a billboard advertisement that promotes the purchase, use or consumption of tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services; defines terms; provides an exception for public health messaging sponsored by a government entity.

Go to top S10400 Actions:

BILL NOS10400 

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05/15/2026REFERRED TO CONSUMER PROTECTION

Go to topS10400 Committee&nbspVotes:

Go to topS10400 Floor&nbspVotes:

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

Go to topS10400 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10400

 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 prohibiting
 billboard advertising of alcohol, tobacco and nicotine products and
 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 one thousand three hundred ninety-nine-aa of
 14 the 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.
 LBD15844-01-6

 S. 10400 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. (a) No person, corporation, or advertising operator shall display
 13 or maintain a billboard advertisement that promotes the purchase, use or
 14 consumption of tobacco products, alternative nicotine products, vapor
 15 products, alcoholic beverages or gambling or sports wagering services.
 16 (b) The provisions of this section shall not apply to public health
 17 messaging sponsored by a government entity.
 18 3. The department of health, in conjunction with the state liquor
 19 authority and gaming commis