Requires that any billboard advertisement that promotes tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services shall be removed exactly upon the last day of the advertising contract for such billboard advertisement and replaced with a public service announcement about the health harms of the same product which was removed.
STATE OF NEW YORK
________________________________________________________________________
10401
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 the removal of
billboard advertisements related to the promotion of tobacco products,
alternative nicotine products, vapor products, alcoholic beverages or
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 thirteen hundred ninety-nine-aa of the
14 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.
LBD15845-01-6
S. 10401 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. On or after the effective date of this section, any billboard
13 advertisement that promotes tobacco products, alternative nicotine
14 products, vapor products, alcoholic beverages or gambling or sports
15 wagering services shall be removed exactly upon the last day of the
16 advertising contract for such billboard advertisement.
17 3. Upon the removal of such billboard advertisement pursuant to subdi-
18 vision two of this section, a public service announcement from a state
19 or city entity about the health harms of the same product that was
20 removed shall be inserted in its place on such billboard if a new
21 contracted campaign is not available, until the start date of a new paid
22 advertising contract with a new vendor.
23 § 2. This act shall take effect immediately.
