BILL NUMBER: S7871
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the general business law, in relation to banning push
notifications from fast food mobile applications to minors
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit fast-food establishments from sending push notifications to
persons under eighteen years of age.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the general business law by adding a new section 390-f
stating that fast-food mobile applications shall require an individual
to manually enter their date of birth upon sign-up for such application,
provides that fast-food establishments shall not send text notifications
or push notifications to minors and defines "minors" and "push notifica-
tions."
Section 2: Sets the 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.
Undoubtedly, "fast-food" has contributed to the childhood obesity
epidemic we now find ourselves in. According to the National Center for
Health Statistics, over one third of individuals between ages 2-19 ate
fast food on any given day. While it should be up to any given individ-
ual to eat what they want, vulnerable populations such as minors should
not be overly tempted into eating unhealthy fast-food and ought to be
protected from certain techniques and practices.
Push notifications are one such practice used by fast food establish-
ments to maximize customer loyalty, and ultimately, to profiteer from
increased fast-food consumption. The constant reminders pushed by these
notifications, which often utilize behavioral psychology techniques
minors are particularly susceptible to, should not be tolerated. Vulner-
able groups such as minors must be protected from giving into their
temptations, especially when such temptations can increase the risk of
serious health problems.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
The act shall take effect immediately.