Prohibits sale of certain products using advertisements alluding to controlled dangerous substances or analogs.
Impact
The enactment of S2741 would amend New Jersey's consumer fraud laws, elevating violations associated with this bill to unlawful practices. Penalties for violations are significant, with first offenses carrying a monetary penalty of up to $10,000, and subsequent offenses increasing to $20,000. Additionally, offenders may face cease and desist orders from the Attorney General, along with punitive damages and the possibility of treble damages, thereby enhancing the legal implications for sellers who misadvertise their products.
Summary
S2741, introduced in New Jersey, aims to regulate the sale and advertisement of certain products that allude to controlled dangerous substances or analogs. Specifically, the bill prohibits the sale of any merchandise that features advertisements linking it to controlled substances when directed at consumers under 18 years of age, or when the product is food, beverage, or meant for ingestion or inhalation. This regulatory measure is envisioned to safeguard the youth from potential influence by drug-related marketing tactics.
Contention
Debate surrounding S2741 is likely to include concerns regarding the balance between promoting public health and protecting commercial free speech. Proponents of the bill argue that it is essential for reducing drug-related influences on younger audiences, thereby contributing to more robust public health outcomes. Conversely, opponents may assert that the bill overextends government intervention into advertising and commercial practices, potentially stifling legitimate business interests and infringing on rights to free expression in marketing.
Controlled dangerous substances; adding to list of Schedule I controlled substances; revocation or suspension of registrations; written orders; repealers; emergency.