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NY S07487

Bill

Status

Introduced

10/27/2021

Primary Sponsor

Zellnor Myrie

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Expands the definition of food advertising to include all representations disseminated by any means (including digitally) likely to induce purchase of food or food products, prohibiting false or misleading content in any manner.

  • Establishes two-factor test for determining if food advertising is false or misleading: (1) whether advertising fails to reveal material facts about the product, and (2) whether the advertiser knowingly used unfair or deceptive content targeting vulnerable consumers, including children.

  • Creates detailed factors for identifying child-directed advertisements, including subject matter, visual content, animated characters, music, celebrity endorsements, language, location near schools, and social media platforms.

  • Authorizes the Attorney General and city corporation counsels to bring enforcement actions for injunctions, restitution, and damages, and grants private right of action to persons damaged by violations.

  • Requires the Department of Agriculture and Department of Health to jointly produce an annual report to the legislature determining which foods may be unwholesome or deleterious according to generally accepted nutritional standards.

Legislative Description

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

Last Action

PRINT NUMBER 7487C

5/25/2022

Committee Referrals

Health5/10/2022
Agriculture1/5/2022
Rules10/27/2021

Full Bill Text

No bill text available