NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8444
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the general business law, in relation
to prohibiting the sale of alcoholic energy drinks
PURPOSE OR GENERAL IDEA OF BILL: This bill bans the sale of alcoholic
beverages that have caffeine or other stimulants as additives, as these
alcoholic energy drinks (AEDs) are not yet proven as safe.
SUMMARY OF SPECIFIC PROVISIONS: Adds a new section, 399-ddd, to the
general business law. To prohibit the import, distribution, or sale, of
alcoholic energy drinks. "Alcoholic energy drinks", for the purpose of
this section, is defined as any alcoholic beverage to which caffeine or
other stimulants which are metabolized as caffeine are added. Violation
of this section of the general business law shall result in a civil
penalty of no more than one thousand dollars for each violation.
JUSTIFICATION: Alcoholic energy drinks (AEDs), also known as caffei-
nated alcoholic beverages, pose a serious health and safety risk to our
citizens, especially teenagers. AEDs are a type of alcoholic beverage to
which stimulants are added such as caffeine or guarana. Caffeine, as an
additive to beverages, has only been deemed as Generally Recognized as
Safe (GRAS) by the FDA for nonalcoholic drinks, such as cola type bever-
ages.
Studies have now shown that when stimulants are combined with alcohol
they tend to mask the side effects of being intoxicated. This will lead
consumers of these beverages to partake in risky activities which could
result in traffic accidents, violence, sexual assault, or even suicide.
As there has been no consensus in the scientific community that alcohol-
ic energy drinks are safe, and it has been studied that their effects
are in fact detrimental. It is vital that this health and safety threat
be removed, especially as the drinks are generally marketed toward young
people
PRIOR LEGISLATIVE HISTORY: 2009/10: A9901 Held in Economic Develop-
ment 2011/12: A1557 Held in Economic Development 2013/14: A5217 Referred
to Economic Development
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK
________________________________________________________________________
8444
2015-2016 Regular Sessions
IN ASSEMBLY
October 9, 2015
___________
Introduced by M. of A. ORTIZ, MILLER, COOK, McDONOUGH, FINCH, MONTESANO
-- Multi-Sponsored by -- M. of A. HIKIND -- read once and referred to
the Committee on Economic Development
AN ACT to amend the general business law, in relation to prohibiting the
sale of alcoholic energy drinks
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 section
2 399-yyy to read as follows:
3 § 399-yyy. Prohibition on the importation, distribution or sale of
4 alcoholic energy drinks. 1. No person, firm, corporation, or association
5 shall import, distribute, sell or offer to sell any alcoholic energy
6 drink.
7 2. For the purposes of this section, the term "alcoholic energy drink"
8 means any alcoholic beverages to which caffeine or other stimulants
9 which are metabolized as caffeine are added.
10 3. Whenever there shall be a violation of this section an application
11 may be made by the attorney general in the name of the people of the
12 state of New York to a court or justice having jurisdiction by a special
13 proceeding to issue an injunction, and upon notice to the defendant of
14 not less than five days, to enjoin and restrain the continuance of such
15 violations; and if it shall appear to the satisfaction of the court or
16 justice that the defendant has, in fact, violated this section, an
17 injunction may be issued by the court or justice, enjoining and
18 restraining any further violations, without requiring proof that any
19 person has, in fact, been injured or damaged thereby. In any such
20 proceeding, the court may make allowances to the attorney general as
21 provided in paragraph six of subdivision (a) of section eighty-three
22 hundred three of the civil practice law and rules, and direct restitu-
23 tion. Whenever the court shall determine that a violation of this
24 section has occurred, the court may impose a civil penalty of not more
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04188-01-5
A. 8444 2
1 than one thousand dollars for each violation. Each sale of an alcoholic
2 energy drink in violation of this section shall constitute a separate
3 violation. In connection with any such proposed application, the attor-
4 ney general is authorized to take proof and make a determination of the
5 relevant facts and to issue subpoenas in accordance with the civil prac-
6 tice law and rules.
7 § 2. This act shall take effect immediately.
