STATE OF NEW YORK ________________________________________________________________________ 10377 IN ASSEMBLY May 21, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Eachus) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the labeling, marketing and safety requirements of vapor products and the sale of tobacco and vapor products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 1399-bb-1 to read as follows: 3 § 1399-bb-1. Labeling, marketing and safety requirements. 1. Manufac- 4 turers of vapor products shall comply with the following requirements: 5 (a) e-liquid bottles shall meet the child proof cap and child resist- 6 ant effectiveness requirements set forth in the federal poison 7 prevention packaging standards at 16 CFR 1700.15(b)(1). 8 (b) vapor products shall include the nicotine warning statement 9 requirements set forth in 21 CFR 1143.3. 10 2. Manufacturers and retailers of vapor products shall not sell or 11 offer for sale any vapor product that: 12 (a) uses, in the labeling or design of the product or its packaging, 13 or in its marketing materials: 14 (i) the terms "candy", "candies", or variants in spelling such as 15 "kandy" or "kandeez", (with the exception of use in the name of a licen- 16 see, including the licensee's doing business as name); 17 (ii) the terms "bubble gum", "cotton candy", "gummy bear", "lollipop", 18 or other variants of these words (with the exception of use in the name 19 of a licensee, including the licensee's doing business as name); 20 (iii) the terms "cake", "cupcake", "pie", or any other variation of 21 these words, or any other term referencing types of "cakes", "cupcakes" 22 or "pies" that do not include the foregoing words; 23 (iv) the terms "ice cream", "sherbet", "popsicle", "fudge bar", "bomb 24 pop", or any other variation of these words; 25 (b) uses, in the labeling or design of the product or its packaging, 26 or in its marketing materials, images of or references to cartoons, 27 cartoon characters, superheroes, television shows, video games, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11704-01-3
A. 10377 2 1 movies, or other similar characters or references, that have been 2 commonly used to market products to minors; 3 (c) uses, in the labeling or design of the product or its packaging, 4 or in its marketing materials, trade dress, trademarks, or other related 5 imagery that imitate or replicate trade dress, trademarks, or other 6 imagery of food brands or products that have been commonly marketed to 7 minors such as brands of breakfast cereals, cookies, juice drinks, soft 8 drinks, ice creams, and frozen pops. 9 § 2. Section 1399-cc of the public health law is amended by adding a 10 new subdivision 8 to read as follows: 11 8. (a) No individual under twenty-one years of age shall present to 12 any retailer or other person any form of identification that falsely 13 represents the individual's appearance, identity or age. 14 (b) If an individual under twenty-one years of age violates paragraph 15 (a) of this subdivision, he or she shall be guilty of a petty offense 16 and the court may impose a sentence of twenty-five hours of community 17 service and a fine of fifty dollars for a first violation. A second 18 violation by a minor that occurs within twelve months after the first 19 violation shall be punishable by fifty hours of community service and a 20 fine of seventy-five dollars. A third or subsequent violation by a minor 21 that occurs within twelve months after the first violation shall be 22 punishable by fifty hours of community service and a fine of two hundred 23 dollars and shall result in a suspension of the minor's driver's license 24 for a period not to exceed six months, if applicable. 25 § 3. Section 1399-dd-1 of the public health law is amended by adding a 26 new subdivision 3 to read as follows: 27 3. Manufacturers and retailers of tobacco products or vapor products 28 shall not advertise or market any tobacco product or vapor product 29 unless the advertisements meet the following requirements: 30 (a) Advertisements placed in or on broadcast or cable television, 31 radio, print, and digital communications, or any event marketing or 32 sponsorships, shall only be made where at least eighty-five percent of 33 the intended audience is reasonably expected to be twenty-one years of 34 age or older, as determined by reliable, up-to-date audience composition 35 demographic data or event organizer restrictions; 36 (b) Advertisements shall not be materially false or untrue and any 37 statement contained therein shall be consistent with the tobacco 38 product's or vapor product's labeling; 39 (c) Advertisements shall not contain any health, medicinal, or thera- 40 peutic claims; 41 (d) Advertisements on billboard signs shall not be within one thousand 42 feet of a primary or secondary school, playground, or youth center; 43 provided, however, that within the city of New York, such prohibitions 44 shall only apply within five hundred feet of a primary or secondary 45 school, playground or youth center; and 46 (e) Any spokespeople or models used in any advertising shall appear to 47 be at least twenty-seven years of age. 48 § 4. Section 1399-aa of the public health law is amended by adding a 49 new subdivision 19 to read as follows: 50 19. "Adult-only store" means a retail store operated by a retail deal- 51 er or vapor products dealer to which admission is restricted to persons 52 twenty-one years of age or older and which posts signage on the entrance 53 to such store which states "MINORS UNDER 21 AND UNACCOMPANIED BY AN 54 ADULT ARE NOT ALLOWED ON THE PREMISES." 55 § 5. Section 1399-mm-1 of the public health law is amended by adding a 56 new subdivision 5 to read as follows:
A. 10377 3 1 5. The provisions of this section shall not apply to any vapor 2 products dealer, or any agent or employee of a vapor products dealer, 3 who sells or offers for sale, or who possesses with intent to sell or 4 offer for sale, any flavored vapor product intended or reasonably 5 expected to be used with or for the consumption of nicotine in an 6 adult-only store. 7 § 6. The public health law is amended by adding a new section 8 1399-cc-1 to read as follows: 9 § 1399-cc-1. Third-party sales prohibited. 1. Any person who sells a 10 tobacco product or vapor product to a consumer without a proper license 11 shall be subject to the following penalties: 12 (a) the first violation shall result in a minimum fine of one thousand 13 dollars; 14 (b) the second violation shall result in a minimum fine of five thou- 15 sand dollars; 16 (c) the third violation shall result in a fine of ten thousand 17 dollars. 18 2. Any violation of this section that occurs on school property shall 19 be considered an aggravating factor and shall at a minimum be considered 20 a misdemeanor under the laws of this state. 21 3. It shall be unlawful to sell more than two electronic cigarette 22 devices and more than five packages or bottles of e-liquid in one 23 consumer transaction. 24 § 7. This act shall take effect immediately.