What's happening
This bill prohibits advertising, promotion, and certain sponsorships for electronic cigarettes targeting minors, especially on school grounds, and imposes penalties for violations.
Why it matters
Targets environments frequented by minors. by broadly defining “school grounds” to include not only school property but also areas within 500 feet, such as sidewalks, parks, and vehicles—significantly expanding where e-cigarette advertising and promotion is banned.
Closes common marketing loopholes. by prohibiting branded merchandise, free gifts, and sponsorships of events (like concerts or sports) using e-cigarette brands, logos, or imagery, preventing companies from using indirect methods to appeal to young people.
Promotes transparency about health risks. by making it illegal for companies to suppress research into the health effects of e-cigarettes or misrepresent the health consequences of their use, supporting informed public health decisions.
Imposes real financial deterrents. with civil penalties of up to $500 per violation, enforceable by both state and local authorities, which may motivate businesses to comply and enable flexible local enforcement.
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Who cares
Headline styles
Limit E-Cigarette Ads
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.875
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit E-Cigarette Advertising
In Assembly Committee · Consumer Affairs And Protection · Sponsor Taylor Darling
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 24-D to read as follows:
ARTICLE 24-D
ADVERTISEMENT AND PROMOTION OF ELECTRONIC CIGARETTES TO MINORS
Section 375. Definitions.
376. Advertising prohibitions.
377. Promotions prohibited.
378. Research; misrepresentations.
379. Penalties.
§ 375. Definitions. For purposes of this article:
1. "Electronic cigarette" or "e-cigarette" means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
2. "School grounds" means: (a) in, on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within five hundred feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within five hundred feet of the real property boundary line comprising any such school. For the 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
sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
§ 376. Advertising prohibitions. 1. No person engaged in the business of manufacturing, selling, advertising, marketing or otherwise distributing electronic cigarettes, or any agent or employee of such person, shall advertise, market or promote electronic cigarettes or the purchase or use thereof upon school grounds, billboards, public transit facilities, arenas, stadiums, shopping malls or video arcades.
2. No manufacturer and no distributor of electronic cigarettes shall advertise or otherwise promote electronic cigarettes in movies, television or theater productions; music performances or video distributed for public viewing.
§ 377. Promotions prohibited. 1. No manufacturer and no distributor of electronic cigarettes shall market, license, distribute, sell, or cause to be marketed, licensed, distributed, or sold any item (other than electronic cigarettes) or service, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic cigarette.
2. No manufacturer, distributor, or retailer may offer or cause to be offered any gift or item to any person purchasing electronic cigarettes in consideration of the purchase thereof, or to any person or consideration of furnishing evidence, such as credits, proofs-of-purchase, or coupons, of such a purchase.
3. No manufacturer, distributor, or retailer may sponsor or cause to be sponsored any athletic, musical, artistic, or other social or cultural event, or any entry or team in any event, in the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic. Nothing in this subdivision prevents a manufacturer, distributor, or retailer from sponsoring or causing to be sponsored any athletic, musical, artistic, or other social or cultural event, or team or entry, in the name of the corporation which manufactures the electronic cigarettes, provided that both the corporate name and the corporation were registered and in use in the United States prior to January first, two thousand nineteen, and that the corporate name does not include any brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic cigarettes.
§ 378. Research; misrepresentations. 1. Any provision or restriction in a contract or other agreement relating to the development of electronic cigarettes and products relating to their use including, but not limited to components of such devices, heretofore or hereafter made or entered into, which limits, restrains, prohibits or otherwise provides for the suppression of research into the health consequences of the use of electronic cigarettes, is hereby declared to be void as against public policy and wholly unenforceable.
2. No manufacturer, distributor, or retailer engaged in the business of manufacturing, selling, advertising, marketing or otherwise distributing electronic cigarettes shall misrepresent any facts regarding the health consequences of the use of electronic cigarettes.
S. 5056 3
§ 379. Penalties. Any person, firm, corporation, partnership, association, limited liability company, or other entity that violates the provisions of this article shall be subject to a civil penalty of not more than five hundred dollars per violation, recoverable in an action by the attorney general or by any enforcement authority designated by any municipality or political subdivision.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to restricting advertisement and promotion of electronic cigarettes
Purpose or general idea of bill
To reduce the number of advertisements and promotions of electronic cigarettes that target minors.
Summary of provisions
Section 1 of the bill amends the general business law by adding a new article 24-D.
Read the full memo (926 words)
- Subdivision 1 of section 375 defines "electronic (e) cigarette" as a device that delivers vapor which is inhaled by an individual, including any refill, cartridge, or any other component of the device.
- Subdivision 2 of section 375 defines "school grounds" as on or within any building, structure, athletic playing field, playground or land within the property boundary line of a public or private parochial, intermediate, junior high, vocational or high school. School grounds is also defined as any area accessible to the public located within five hundred feet of the real property boundary line comprising any school mentioned in this subdivision, or any parked automobile or vehicle located within five hundred feet of the real property boundary of such school(s). Subdivision 2 also defines "area accessible to the public" for this section, which includes sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
- Subdivision 1 of section 376 states locations where the advertisement, marketing, or promotion of e-cigarettes is prohibited, which include school grounds, billboards, public transit facilities, arenas, stadiums, shopping malls and video arcades. Subdivision 2 of section 376 prohibits the advertisement or promotion of e-cigarettes in certain forms of entertainment media.
- Subdivision 1 of section 377 states that manufacturers and distribu- tors of e-cigarettes cannot market, license, distribute, sell or cause to be marketed, licensed or sold any item or service other than an e-ci- garette that bears or can be identified with a brand of e-cigarette. Subdivision 2 of section 377 prohibits manufactures, distributors, or retailers from offering or seeking to offer any gift or item with the purchase of an e-cigarette. Subdivision '3 of 'section - 377 prohibits manufacturers, distributors', and retailers from, sponsoring sports, arts, or social events, unless the corporation sponsoring such an event does so using its name and not in connection to any specific e-cigarette brand.
- Subdivision 1 of section 378 states that provisions in contracts that prohibit or suppress research into the health consequences of the use of e-cigarettes are void. Subdivision 2 of section 378 bars manufacturers, distributors and retailers of e-cigarettes from misrepresenting any facts regarding the health consequences of the use of e-cigarettes while
engaging in manufacturing, selling, advertising, marketing or otherwise distributing e-cigarettes.
- Section 379 states the penalty for entities that violate any provisions of article 24-D can be subject to a maximum civil penalty of five hundred dollars per offense and that such penalties may be recover- able by the Attorney General or an enforcement authority designated by a municipality or political subdivision.
Section 2 of the bill states the effective date, which is the first day of the January succeeding the date on which this bill becomes a law.
Justification
Electronic cigarette (e-cigarette) use, or vaping, is used by many as a means to quit the smoking of traditional combustible cigarettes. According to the Centers for Disease Control and Prevention (CDC), about 4% of adult Americans, 9 million people, use e-cigarettes on a regular basis. Some recent research has supported the claim that vaping is less dangerous than smoking combustible cigarettes, such as a 2015 evidence review by England's health ministry, Public Health England.
There is also research opposing this view. In 2008, the World Health Organization indicated that it does not consider e-cigarettes to be "a legitimate therapy for smokers trying to quit" on the grounds that few peer-reviewed studies on the product's impact had been conducted. Now, four years later, there is still debate on the effects of these products. Some studies conducted in 2019 claim blood vessel health improves when switching to e-cigarettes, while others say e-cigarettes increase nicotine dependence, damage the airway, and increase the risk of cardiovascular disease.
Much of the e-cigarette industry's growth in recent years has been due to an increase in adolescent use of e-cigarettes. According to a 2018 Pew Research Center survey, 20% of Americans aged 18-29 use e-cigarettes regularly. For high school seniors, that figure is 27%, and for high school sophomores, 22%. The motivation to use e-cigarettes as a means to quit smoking does not apply for most young users, as traditional combustible smoking is much less common among young people. Moreover, these individuals are consuming nicotine that they would not otherwise be consuming, which harms brain development and can cause addiction, according to the CDC. Advertising geared towards the young has increased substantially since 2011, coinciding with the increase in e-cigarette sales. According to the CDC, about 70% of adolescents have been exposed to these advertisements. These advertisements appear in retail stores, newspapers, magazines, movie theatres, and on the inter- net. The CDC recommends that state governments seek to limit e-cigarette advertising and sale to youth. This bill, through a variety of measures, seeks to achieve this goal. New York must protect its youth from overex- posure to a product whose long-term effects are unknown and has the potential to be harmful to their health.
Prior legislative history
New legislation.
Fiscal implications for state and local governments
None to state or local governments.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.