STATE OF NEW YORK
________________________________________________________________________
4031
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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Introduced by M. of A. WEPRIN, GUNTHER, COLTON, COOK, GALEF -- Multi-
Sponsored by -- M. of A. FAHY, MOSLEY, PERRY -- read once and referred
to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to font size for
advertisements
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
2 section 337-a to read as follows:
3 § 337-a. Font size for advertisements. 1. The offer, terms, and expi-
4 ration, if applicable, of an ad, advertisement, circular, flyer or other
5 publication for the purpose of commercial sale of a product or service
6 shall be in a legible font not smaller than size eleven point font.
7 Nothing in this section shall be construed so as to require uniformity
8 of font or font size in such ad, advertisement, circular or flyer.
9 2. Upon submission to the state consumer protection board of a repre-
10 sentative sample that does not conform to subdivision one of this
11 section, the board shall conduct an investigation and upon confirmation
12 of non-conformity with subdivision one of this section shall levy upon
13 the publisher of such publication:
14 a. On first violation of this section a penalty of one thousand
15 dollars;
16 b. On second violation of this section a penalty of ten thousand
17 dollars;
18 c. On third violation and successive violations thereafter a penalty
19 of twenty-five thousand dollars.
20 Each day that such publication is published or otherwise circulated
21 shall constitute a separate violation of this section.
22 3. The state consumer protection board shall maintain a registry of
23 offenses and shall institute rules and regulations for the submission
24 and adjudication of allegedly non-conforming publications.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08230-01-9
A. 4031 2
1 4. a. A publisher that is not the progenitor of the non-conforming
2 publication shall be allowed to join such party in an action before the
3 board, or otherwise seek indemnification against such party in a compe-
4 tent court of this state.
5 b. A publisher that is levied a penalty under this section shall be
6 allowed to challenge such penalty pursuant to article seventy-eight of
7 the civil practice law and rules.
8 § 2. This act shall take effect immediately.
