BILL NUMBER: S7871A
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the general business law, in relation to banning push
notifications from a food service establishment or a third-party food
delivery platform to minors
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit a food service establishment or a third-party
delivery platform from sending push notifications to minors.
Section 1: Any food service establishment mobile application or mobile
platform or any third-party delivery platform shall require an individ-
ual to manually enter their date of birth when registering for an
account with such platform or application and shall be prohibited from
initiating or sending push notifications or text message notifications
or alerts to a minor.
Section 2: Effective date
 
JUSTIFICATION:
Childhood obesity rates have been accelerating at an alarming rate in
recent years. Data from the New York State Department of Health shows
that the rates of obesity in public school districts have increased more
than 13 percent since the COVID-19 pandemic alone. Childhood obesity
brings with it a range of additional risks including increased risk of
type 2 diabetes, eating disorders, respiratory problems, depression and
low self-esteem.
With the development and widespread usage of food service establishment
mobile applications and third-party delivery platforms this increases
the accessibility and convenience for consumers. While it should be up
to any individual to eat what they want, vulnerable populations such as
minors should not be overly tempted into eating unhealthy food and must
be protected from certain techniques and practices.
Push notifications are one such practice used by food service establish-
ments and third-party delivery platforms to maximize customer loyalty,
and ultimately, to profiteer from increased food consumption. The
constant reminders pushed by these notifications, which often utilize
behavioral psychology techniques minors are particularly susceptible to,
should not be tolerated. Vulnerable groups such as minors must be
protected from giving into their temptations, especially when such temp-
tations can increase the risk of serious health problems.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
 
EFFECTIVE DATE:
The act shall take effect immediately.