Bill Text: NY S00536 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits clauses restricting certain research and restricts advertisement and promotion of electronic cigarettes.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2023-06-08 - SUBSTITUTED BY A5994B [S00536 Detail]
Download: New_York-2023-S00536-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 536--A Cal. No. 149 2023-2024 Regular Sessions IN SENATE January 4, 2023 ___________ Introduced by Sens. THOMAS, BROUK, CHU, GOUNARDES, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to research relat- ing to electronic cigarettes; and to amend the public health law, in relation to restricting certain advertisement and promotion of elec- tronic cigarettes 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 article 2 24-D to read as follows: 3 ARTICLE 24-D 4 RESEARCH RELATING TO ELECTRONIC CIGARETTES 5 Section 375. Research relating to electronic cigarettes. 6 § 375. Research relating to electronic cigarettes. Any provision or 7 restriction in a contract or other agreement relating to the development 8 of electronic cigarettes and products relating to their use including, 9 but not limited to, components of such devices, heretofore or hereafter 10 made or entered into, which limits, restrains, prohibits or otherwise 11 provides for the suppression of research into the health consequences of 12 the use of electronic cigarettes, is hereby declared to be void as 13 against public policy and wholly unenforceable. 14 § 2. The public health law is amended by adding a new section 15 1399-bb-1 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01874-04-3S. 536--A 2 1 § 1399-bb-1. Promotions prohibited. 1. No manufacturer and no 2 distributor of electronic cigarettes shall market, license, distribute, 3 sell, or cause to be marketed, licensed, distributed, or sold any item 4 (other than electronic cigarettes, including parts, components or acces- 5 sories of electronic cigarettes) or service, which bears the brand name 6 (alone or in conjunction with any other word), logo, symbol, motto, 7 selling message, recognizable color or pattern of colors, or any other 8 indicia of product identification identical or similar to, or identifi- 9 able with, those used for any brand of electronic cigarette. This subdi- 10 vision shall not apply to a retailer's point of sale promotional materi- 11 als for electronic cigarettes. 12 2. No manufacturer, distributor, or retailer may offer or cause to be 13 offered any gift or item to any person purchasing electronic cigarettes 14 in consideration of the purchase thereof. 15 3. No manufacturer, distributor, or retailer may sponsor or cause to 16 be sponsored any athletic, musical, artistic, or other social or 17 cultural event, or any entry or team in any event, in the brand name 18 (alone or in conjunction with any other word), logo, symbol, motto, 19 selling message, recognizable color or pattern of colors, or any other 20 indicia of product identification identical or similar to, or identifi- 21 able with, those used for any brand of electronic cigarette. Nothing in 22 this subdivision prevents a manufacturer, distributor, or retailer from 23 sponsoring or causing to be sponsored any athletic, musical, artistic, 24 or other social or cultural event, or team or entry, in the name of the 25 corporation which manufactures the electronic cigarettes, provided that 26 the corporate name does not include any brand name (alone or in conjunc- 27 tion with any other word), logo, symbol, motto, selling message, recog- 28 nizable color or pattern of colors, or any other indicia of product 29 identification identical or similar to, or identifiable with, those used 30 for any brand of electronic cigarettes. 31 § 3. This act shall take effect on the first of January next succeed- 32 ing the date on which it shall have become a law.
