Bill Text: NY S05056 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides restrictions on advertisement and promotion of electronic cigarettes; prohibits misrepresentations regarding health consequences; prohibits agreements which suppress research data regarding health consequences of vaping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S05056 Detail]

Download: New_York-2019-S05056-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5056
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 5, 2019
                                       ___________
        Introduced  by  Sen.  THOMAS -- 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  restricting
          advertisement and promotion of electronic 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       ADVERTISEMENT AND PROMOTION OF ELECTRONIC CIGARETTES TO MINORS
     5  Section 375. Definitions.
     6          376. Advertising prohibitions.
     7          377. Promotions prohibited.
     8          378. Research; misrepresentations.
     9          379. Penalties.
    10    § 375. Definitions. For purposes of this article:
    11    1. "Electronic cigarette" or "e-cigarette" means an electronic  device
    12  that  delivers  vapor  which is inhaled by an individual user, and shall
    13  include any refill, cartridge and any other component of such a device.
    14    2. "School grounds" means: (a) in, on or within any  building,  struc-
    15  ture,  athletic  playing  field, playground or land contained within the
    16  real property boundary line of a public or private elementary,  parochi-
    17  al,  intermediate,  junior  high, vocational, or high school, or (b) any
    18  area accessible to the public located within five hundred  feet  of  the
    19  real  property  boundary  line  comprising any such school or any parked
    20  automobile or other parked vehicle located within five hundred  feet  of
    21  the  real  property  boundary  line  comprising any such school. For the
    22  purposes of this section an "area accessible to the public"  shall  mean
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11014-01-9

        S. 5056                             2
     1  sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
     2  rants.
     3    §  376. Advertising prohibitions. 1. No person engaged in the business
     4  of manufacturing, selling, advertising, marketing or otherwise  distrib-
     5  uting  electronic  cigarettes,  or any agent or employee of such person,
     6  shall advertise, market or promote electronic cigarettes or the purchase
     7  or use thereof upon school grounds, billboards, public  transit  facili-
     8  ties, arenas, stadiums, shopping malls or video arcades.
     9    2.  No  manufacturer and no distributor of electronic cigarettes shall
    10  advertise or otherwise promote electronic cigarettes  in  movies,  tele-
    11  vision  or  theater productions; music performances or video distributed
    12  for public viewing.
    13    § 377. Promotions prohibited. 1. No manufacturer and no distributor of
    14  electronic cigarettes shall market, license, distribute, sell, or  cause
    15  to  be  marketed,  licensed,  distributed,  or sold any item (other than
    16  electronic cigarettes) or service, which bears the brand name (alone  or
    17  in  conjunction  with  any  other  word),  logo,  symbol, motto, selling
    18  message, recognizable color or pattern of colors, or any  other  indicia
    19  of product identification identical or similar to, or identifiable with,
    20  those used for any brand of electronic cigarette.
    21    2.  No manufacturer, distributor, or retailer may offer or cause to be
    22  offered any gift or item to any person purchasing electronic  cigarettes
    23  in  consideration of the purchase thereof, or to any person or consider-
    24  ation of furnishing evidence, such as  credits,  proofs-of-purchase,  or
    25  coupons, of such a purchase.
    26    3.  No  manufacturer, distributor, or retailer may sponsor or cause to
    27  be sponsored  any  athletic,  musical,  artistic,  or  other  social  or
    28  cultural  event,  or  any  entry or team in any event, in the brand name
    29  (alone or in conjunction with any  other  word),  logo,  symbol,  motto,
    30  selling  message,  recognizable color or pattern of colors, or any other
    31  indicia of product identification identical or similar to, or  identifi-
    32  able  with,  those  used  for  any  brand of electronic. Nothing in this
    33  subdivision prevents a manufacturer, distributor, or retailer from spon-
    34  soring or causing to be sponsored any athletic,  musical,  artistic,  or
    35  other  social  or  cultural  event, or team or entry, in the name of the
    36  corporation which manufactures the electronic cigarettes, provided  that
    37  both  the  corporate name and the corporation were registered and in use
    38  in the United States prior to January first, two thousand nineteen,  and
    39  that  the  corporate  name  does not include any brand name (alone or in
    40  conjunction with any other word), logo, symbol, motto, selling  message,
    41  recognizable color or pattern of colors, or any other indicia of product
    42  identification identical or similar to, or identifiable with, those used
    43  for any brand of electronic cigarettes.
    44    §  378.  Research; misrepresentations. 1. Any provision or restriction
    45  in a contract or other agreement relating to the  development  of  elec-
    46  tronic  cigarettes and products relating to their use including, but not
    47  limited to components of such devices, heretofore or hereafter  made  or
    48  entered  into,  which limits, restrains, prohibits or otherwise provides
    49  for the suppression of research into the health consequences of the  use
    50  of  electronic  cigarettes,  is  hereby  declared  to be void as against
    51  public policy and wholly unenforceable.
    52    2. No manufacturer, distributor, or retailer engaged in  the  business
    53  of  manufacturing, selling, advertising, marketing or otherwise distrib-
    54  uting electronic cigarettes shall misrepresent any facts  regarding  the
    55  health consequences of the use of electronic cigarettes.

        S. 5056                             3
     1    §  379. Penalties. Any person, firm, corporation, partnership, associ-
     2  ation, limited liability company, or  other  entity  that  violates  the
     3  provisions  of  this  article shall be subject to a civil penalty of not
     4  more than five hundred dollars per violation, recoverable in  an  action
     5  by  the  attorney  general or by any enforcement authority designated by
     6  any municipality or political subdivision.
     7    § 2. This act shall take effect on the first of January next  succeed-
     8  ing the date on which it shall have become a law.
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