BILL NUMBER: S397
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the general business law, the agriculture and markets
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 establishes the legislative findings and intent.
Section 2 amends section 350-a of the General Business Law by adding two
new subdivisions (4 and 5) which define the factors considered in deter-
mining whether false advertising has occurred.
Section 3 amends section 202-a of the Agriculture and Markets Law by
adding a new subdivision 4 which examines what the court will consider
when determining if a violation of this section has occurred.
Section 4 amends subdivision 1 of section 2599-b of the Public Health
Law as amended by section 1 of part A of chapter 469 of the laws of 2015
that states the focus of this program is to prevent and reduce the
prevalence of obesity in children and adolescents along with other
health-related issues. It shall also abide by the recommendations of the
Departments of Agriculture, Health, and Human Services, along with the
Surgeon General and the Centers for Disease Control and Protection
(CDC). Lastly, the program will include education on the nutritional
value of locally grown foods and increased access to these products
through its cooperation with the Department of Agriculture.
Section 5 of this act addresses severability. 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 make individuals more
vulnerable as we continue managing the onslaught of Coronavirus. Unfor-
tunately, the obesity epidemic continues to grow exponentially, espe-
cially among 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 children's 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 likely 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% promote 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 sugary products. A CUNY Urban Food Policy Institute survey
found that New Yorkers living and working in lower-income neighborhoods
are almost twice as likely to fall victim to predatory marketing 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 chemi-
cal composition of such foods may alter our physiology to promote over-
eating and metabolic dysfunction. Like the restrictions placed on the
consumption of drugs and alcohol, the legislature is morally obligated
to protect the public from predatory marketing of junk food consistent
with the state's efforts to curb the disastrous health outcomes associ-
ated with the overconsumption of these products.
 
LEGISLATIVE HISTORY:
S213B of 2023-24: Passed the Senate
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:
S397: 350-a general business law, 202-a agriculture and markets law, 2599-b public health law, 2599-b(1) public health law