Prohibits any person, corporation, or advertising operator from displaying or maintaining a billboard advertisement that promotes the purchase, use or consumption of tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services; defines terms; provides an exception for public health messaging sponsored by a government entity.
STATE OF NEW YORK
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10400
IN SENATE
May 15, 2026
___________
Introduced by Sen. FERNANDEZ -- 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 prohibiting
billboard advertising of alcohol, tobacco and nicotine products and
gambling or sports wagering services
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
2 396-aaaa to read as follows:
3 § 396-aaaa. Billboard advertising of alcohol, tobacco, nicotine and
4 gambling prohibited. 1. For purposes of this section, the following
5 terms shall have the following meanings:
6 (a) "Billboard advertisement" means any outdoor advertising display
7 visible from a public roadway, sidewalk, park, or other public place,
8 including static and digital billboards.
9 (b) "Digital billboard" means a one or multi-sided outdoor advertising
10 sign that displays digital images using light-emitting diode technology
11 or any such similar technology.
12 (c) "Tobacco products" shall have the same meaning as defined in
13 subdivision five of section one thousand three hundred ninety-nine-aa of
14 the public health law.
15 (d) "Alternative nicotine product" means any noncombustible product,
16 other than vapor products, which contains nicotine but not tobacco and
17 is intended for human consumption, whether chewed, absorbed, dissolved,
18 or ingested by any other means. "Alternative nicotine product" shall not
19 include any product regulated as a drug or device by the U.S. Food and
20 Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of
21 the Federal Food, Drug, and Cosmetic Act. The term "unit" as it relates
22 to alternative nicotine products means any cannister, pack, box, carton,
23 or container of any kind or, if no other container, any wrapping, in
24 which an alternative nicotine product is offered for sale, sold, or
25 otherwise distributed to consumers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15844-01-6
S. 10400 2
1 (e) "Vapor products" shall have the same meaning as defined in subdi-
2 vision seventeen of section thirteen hundred ninety-nine-aa of the
3 public health law.
4 (f) "Alcoholic beverage" shall have the same meaning as defined in
5 subdivision one of section three of the alcoholic beverage control law.
6 (g) "Gambling or sports wagering services" shall include casino
7 gaming, sports wagering, pari-mutuel wagering, fantasy sports,
8 lotteries, sweepstakes involving consideration and prize, bookmaking,
9 wagering pools, betting exchanges, interactive gaming, and any other
10 activity involving the placement or facilitation of wagers or bets for
11 money or anything of value.
12 2. (a) No person, corporation, or advertising operator shall display
13 or maintain a billboard advertisement that promotes the purchase, use or
14 consumption of tobacco products, alternative nicotine products, vapor
15 products, alcoholic beverages or gambling or sports wagering services.
16 (b) The provisions of this section shall not apply to public health
17 messaging sponsored by a government entity.
18 3. The department of health, in conjunction with the state liquor
19 authority and gaming commission, may promulgate rules and regulations
20 necessary to implement the provisions of this section.
21 § 2. This act shall take effect immediately.
