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.
                                                                   LBD01874-04-3

        S. 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.