New Jersey Assembly Bill A366

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Prohibits sale of certain products using advertisements alluding to controlled dangerous substances or analogs.

Impact

If enacted, A366 would amend the existing consumer fraud act, establishing stringent penalty structures for violators. First offenses could incur fines up to $10,000, while subsequent violations could lead to penalties of up to $20,000. Beyond financial repercussions, the bill empowers the Attorney General to issue cease and desist orders and allows for punitive damages to be assessed. This legal framework reflects a robust commitment to enhancing consumer protection measures by discouraging irresponsible advertising practices.

Summary

Assembly Bill A366 aims to prohibit the sale of certain products that utilize advertisements alluding to controlled dangerous substances or analogs. This regulation specifically targets products intended for ingestion or inhalation, including food and beverages, that could appeal to minors. By restricting such advertisements, the bill seeks to mitigate potential misleading marketing practices that could influence young people's choices regarding substance use. Additionally, the bill sets forth specific guidelines detailing who cannot be sold these products, delineating both age restrictions and types of products covered.

Contention

While proponents of A366 underline the importance of protecting youth from potentially harmful influences, there may be pushback from businesses concerned about the implications of such prohibitive measures on their advertising strategies. Critics might argue that the bill could restrict legitimate marketing efforts and stifle innovation within the marketplace. The discussion surrounding the bill may also revolve around interpretations of freedom of speech in advertising and the balance between public health interests and commercial rights.