Bill Text: NY A05348 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to font size for advertisements.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-01-03 - referred to consumer affairs and protection [A05348 Detail]

Download: New_York-2017-A05348-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5348
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2017
                                       ___________
        Introduced  by  M. of A. WEPRIN, GUNTHER, COLTON, COOK, HOOPER, GALEF --
          Multi-Sponsored by -- M. of A. FAHY, MOSLEY, PERRY --  read  once  and
          referred to the Committee on Consumer Affairs and Protection
        AN  ACT  to amend the general business law, in relation to font size for
          advertisements
          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
     2  section 337-a to read as follows:
     3    § 337-a. Font size for advertisements. 1. The offer, terms, and  expi-
     4  ration, if applicable, of an ad, advertisement, circular, flyer or other
     5  publication  for  the purpose of commercial sale of a product or service
     6  shall be in a legible font not smaller  than  size  eleven  point  font.
     7  Nothing  in  this section shall be construed so as to require uniformity
     8  of font or font size in such ad, advertisement, circular or flyer.
     9    2. Upon submission to the state consumer protection board of a  repre-
    10  sentative  sample  that  does  not  conform  to  subdivision one of this
    11  section, the board shall conduct an investigation and upon  confirmation
    12  of  non-conformity  with subdivision one of this section shall levy upon
    13  the publisher of such publication:
    14    a. On first violation of  this  section  a  penalty  of  one  thousand
    15  dollars;
    16    b.  On  second  violation  of  this  section a penalty of ten thousand
    17  dollars;
    18    c. On third violation and successive violations thereafter  a  penalty
    19  of twenty-five thousand dollars.
    20    Each  day  that  such publication is published or otherwise circulated
    21  shall constitute a separate violation of this section.
    22    3. The state consumer protection board shall maintain  a  registry  of
    23  offenses  and  shall  institute rules and regulations for the submission
    24  and adjudication of allegedly non-conforming publications.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09554-01-7
        A. 5348                             2
     1    4. a. A publisher that is not the  progenitor  of  the  non-conforming
     2  publication  shall be allowed to join such party in an action before the
     3  board, or otherwise seek indemnification against such party in a  compe-
     4  tent court of this state.
     5    b.  A  publisher  that is levied a penalty under this section shall be
     6  allowed to challenge such penalty pursuant to article  seventy-eight  of
     7  the civil practice law and rules.
     8    § 2. This act shall take effect immediately.