S213B

The New York State Senate passed legislation Monday that would expand protections against false and misleading advertising targeted at children, marking the third floor debate on the measure. Senate Print 213B, sponsored by Sen. Myrie, amends the Agriculture and Markets Law to require courts to consider factors such as use of celebrities, animated characters, music, toys, and proximity to schools when evaluating advertisements for unhealthy food products targeted at minors under 18. The bill passed 44-13, with 13 Republicans voting against it. Myrie argued the measure addresses an obesity epidemic and predatory marketing by the food industry, noting that children ages 6 to 9 cannot differentiate between commercial speech and truth. She emphasized the bill clarifies existing consumer protection law by instructing courts to consider specific enumerated factors (A through K) when advertisements target children, and does not ban advertising generally. Sen. Borrello, the primary opponent, argued the bill is too broad and vague, giving judges excessive discretion based on subjective factors. He contended the measure would effectively prevent most product advertising to avoid litigation risk and suggested more targeted approaches, such as existing legislation addressing vaping devices shaped like toys, would be more appropriate. Myrie countered that "unfair practices" is a well-established legal term with developed jurisprudence, and that companies can consult lawyers to ensure compliance. The bill previously removed a private right of action provision following earlier debate.

Senate Print 213B, sponsored by Sen. Myrie and amending the Agriculture and Markets Law, was laid aside for the day on a motion by Sen. Gianaris.

The New York State Senate passed legislation Tuesday to strengthen protections against predatory marketing of unhealthy foods to children, approving Senate Print 213B on a 49-13 vote. Sponsored by Sen. Myrie, the Predatory Marketing Prevention Act amends the Agriculture and Markets Law to establish detailed enforcement standards for false and misleading advertisements targeting minors, particularly those using characters, celebrities, bright colors, and music designed to appeal to children. The bill mirrors federal FTC regulatory standards and addresses what Myrie called a children's health crisis, with one-third of New York children obese and junk food advertising disproportionately prevalent in Black and brown communities. Sen. Borrello, while supporting the bill's intent, raised concerns about enforcement clarity and questioned whether state-level action was necessary given existing FTC oversight. He noted the sponsor had removed a private right of action provision in response to earlier committee concerns. Myrie emphasized the bill targets an industry that spends billions marketing unhealthy foods to vulnerable children, noting the concentration of fast-food advertising near schools in his district. The legislation takes effect immediately.