BILL NUMBER: S213B
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the agriculture and markets law, the general business
law and the public health law, in relation to food and food product
advertising
 
PURPOSE:
To protect children from junk food companies targeting them with false
or misleading advertisements.
 
SUMMARY OF PROVISIONS:
Section 1 provides legislative findings.
Section 2 amends subdivision 1 of section 202-a of the Agriculture and
Markets law by requiring courts to give special consideration to adver-
tising directed at children when determining a violation of this
section.
Section 3 amends section 350-a of the General Business Law by adding
subdivisions 4-8, which require consideration of representations made,
failure to reveal material facts, and the intended target when determin-
ing whether an advertisement is false or misleading. Additionally,
special consideration should be given when the target audience is chil-
dren in making this determination.
Section 4 amends subdivision 1 of section 2599-b of the Public Health
Law by allowing regulators to target specific food related industries
for implementation of the Childhood Obesity Prevention Program (COPP).
COPP should include, among other things, education on access and the
nutritional value of locally grown foods. This program shall cooperate
with the Department of Agriculture and Markets to add access to locally
grown foods within the guidelines and framework of the program.
Section 5 of this act addresses severability: if any part or provision
invalidity of that provision or application does not affect other
provisions or applications of this act that can be given effect without
the invalid provision or application.
Section 6 provides the effective date.
 
JUSTIFICATION:
Currently, obesity and related comorbidities are the second leading
cause of preventable death in the United States. Obesity is closely
linked with impaired immune function, decreased lung capacity, and
increased risk of severe illness, all of which makes individuals more
vulnerable as we continue managing the onslaught of Coronavirus. Unfor-
tunately, the obesity epidemic continues to grow exponentially, espe-
cially amongst children. Nearly one-third of New York's children are
obese or overweight. In 2020, the World Health Organization (WHO),
UNICEF, and the Lancet Medical Journal jointly formed a commission that
found exploitative marketing practices as one of the most serious
threats to our childrens' future. In the United States, children see
roughly three to five fast food advertisements per day. Children are
particularly susceptible to these tactics because they are still forming
their personal preferences and habits, and they do not yet possess the
ability to detect ulterior motives. Furthermore, children are less like-
ly to practice restraint and can easily become addicted to the immediate
satisfaction junk food provides.
Like many comorbidities, obesity also disproportionately affects commu-
nities of color. The fast food industry specifically targets advertising
towards disadvantaged communities with just enough money to spend on
cheap fast food and little access to reliable nutrition information.
Food-related companies spend almost $14 billion per year on advertising,
of which 80% promotes fast food, surgery drinks, candy and other
unhealthy snacks. In New York, the trends are alarming. Research shows
that companies specifically target largely black and brown neighborhoods
to advertise for sugary products. A CUNY Urban Food Policy Institute
survey found that New Yorkers living and working in lower income neigh-
borhoods are almost twice as likely to fall victim to predatory market-
ing of unhealthy foods than those in higher income communities.
Highly processed foods share similar characteristics to alcohol, narcot-
ics and other addictive substances. Research indicates that the chemical
composition of such foods may actually alter our physiology to promote
overeating and metabolic dysfunction. Like the restrictions placed on
the consumption of drugs and alcohol, the legislature is morally obli-
gated to protect the public from predatory marketing of junk food
consistent with the state's efforts to curb the disastrous health
outcomes associated with overconsumption of these products.
 
LEGISLATIVE HISTORY:
S7487C of 2021-22: Committed to Health.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

Statutes affected:
S213: 202-a agriculture and markets law, 350-a general business law, 350-e general business law, 350-e(3) general business law
S213A: 202-a agriculture and markets law, 350-a general business law, 350-e general business law, 350-e(3) general business law
S213B: 202-a agriculture and markets law, 350-a general business law