NY A08583

Amends advertising laws to establish that food and food product advertisements must not be false or misleading, with special consideration given to advertisements directed at children as defined in Social Services Law § 371.

Requires courts to consider specific factors when determining if food advertising is misleading, including whether material facts are omitted, whether the advertisement targets vulnerable consumers (including children), and whether any injury to consumers is substantial and unavoidable.

Establishes criteria for identifying child-directed advertisements, including subject matter, visual content, animated characters, use of child celebrities, language, location near schools, and social media placement.

Grants enforcement authority to the Attorney General and local corporation counsel to bring actions for injunctions, restitution, and damages, and creates a private right of action for persons damaged by violations.

Amends the Public Health Law obesity prevention program to remove restrictions on targeting specific food groups and adds requirements to include education on access to and nutritional value of locally grown foods.