STATE OF NEW YORK
________________________________________________________________________
5994--B
2023-2024 Regular Sessions
IN ASSEMBLY
March 30, 2023
___________
Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee on Consumer Affairs and Protection -- reported and referred to the
Committee on Codes -- reported and referred to the Committee on Rules
-- Rules Committee discharged, bill amended, ordered reprinted as
amended and recommitted to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the general business law, in relation to research relat-
ing to electronic cigarettes; and to amend the public health law, in
relation to restricting certain advertisement and promotion of elec-
tronic cigarettes
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 article
2 24-D to read as follows:
3 ARTICLE 24-D
4 RESEARCH RELATING TO ELECTRONIC CIGARETTES
5 Section 375. Research relating to electronic cigarettes.
6 § 375. Research relating to electronic cigarettes. Any provision or
7 restriction in a contract or other agreement relating to the development
8 of electronic cigarettes and products relating to their use including,
9 but not limited to, components of such devices, heretofore or hereafter
10 made or entered into, which limits, restrains, prohibits or otherwise
11 provides for the suppression of research into the health consequences of
12 the use of electronic cigarettes, is hereby declared to be void as
13 against public policy and wholly unenforceable.
14 § 2. The public health law is amended by adding a new section
15 1399-bb-1 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01874-05-3
A. 5994--B 2
1 § 1399-bb-1. Promotions prohibited. 1. No manufacturer and no
2 distributor of electronic cigarettes shall market, license, distribute,
3 sell, or cause to be marketed, licensed, distributed, or sold any item
4 (other than electronic cigarettes, including parts, components or acces-
5 sories of electronic cigarettes) or service, which bears the brand name
6 (alone or in conjunction with any other word), logo, symbol, motto,
7 selling message, recognizable color or pattern of colors, or any other
8 indicia of product identification identical or similar to, or identifi-
9 able with, those used for any brand of electronic cigarette. This subdi-
10 vision shall not apply to a retailer's point of sale promotional materi-
11 als for electronic cigarettes.
12 2. No manufacturer, distributor, or retailer may offer or cause to be
13 offered any gift or item to any person purchasing electronic cigarettes
14 in consideration of the purchase thereof.
15 3. No manufacturer, distributor, or retailer may sponsor or cause to
16 be sponsored any athletic, musical, artistic, or other social or
17 cultural event, or any entry or team in any event, in the brand name
18 (alone or in conjunction with any other word), logo, symbol, motto,
19 selling message, recognizable color or pattern of colors, or any other
20 indicia of product identification identical or similar to, or identifi-
21 able with, those used for any brand of electronic cigarette. Nothing in
22 this subdivision prevents a manufacturer, distributor, or retailer from
23 sponsoring or causing to be sponsored any athletic, musical, artistic,
24 or other social or cultural event, or team or entry, in the name of the
25 corporation which manufactures the electronic cigarettes, provided that
26 the corporate name does not include any brand name (alone or in conjunc-
27 tion with any other word), logo, symbol, motto, selling message, recog-
28 nizable color or pattern of colors, or any other indicia of product
29 identification identical or similar to, or identifiable with, those used
30 for any brand of electronic cigarettes.
31 § 3. This act shall take effect on the first of January next succeed-
32 ing the date on which it shall have become a law.
