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S397

An act to amend the General Business Law — 2025-06-09 · Calendar #511

The New York State Senate passed legislation Tuesday clarifying what constitutes false or misleading advertising directed at children, with a 48-14 vote on Calendar 511, Senate Print 397. The bill, sponsored by Sen. Myrie, aligns state law with Federal Trade Commission standards and gives courts and the Attorney General clearer guidance on enforcing advertising restrictions targeting minors. Myrie argued that children are particularly susceptible to advertising and cannot distinguish fact from exaggeration, citing research showing one-third of New York children are obese or overweight and corporations spend $14 billion annually on child-targeted advertising. The bill examines factors including subject matter, visual content, age of audience, and audio content when determining if advertising is misleading. Sen. Borrello led opposition, arguing the measure represents government overreach into parental responsibility and could generate frivolous litigation over obvious exaggerations like cereal being "magically delicious" or energy drinks giving wings. He suggested restricting SNAP benefits to healthy foods would be a more effective approach. Sen. Krueger countered that low-income families actually eat more healthily than wealthier families due to budget constraints, and that the bill addresses the real problem of corporate advertising driving children's consumption demands. The bill takes effect 30 days after becoming law.
PASSED Ayes: 48 · Nays: 14

Debate Summary

The bill clarifies what constitutes false or misleading advertising directed at children, aligning with Federal Trade Commission definitions. Sen. Myrie argued that children are particularly susceptible to advertising and cannot distinguish fact from fiction, citing that one-third of New York children are obese or overweight and corporations spend $14 billion annually targeting children. Sen. Borrello opposed the bill, arguing it represents government overreach into parental choice, could create frivolous litigation over obvious exaggerations like "magically delicious" cereal, and suggested SNAP benefit restrictions would be a more effective approach to childhood obesity.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Krueger aye Democrat
Myrie aye Democrat
Borrello nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weik nay Republican

An act directing the Metropolitan Transportation Authority to study the transportation and housing needs of Randalls and Wards Islands — 2024-05-29 · Calendar #1295

The New York State Senate passed S397, sponsored by Sen. Cleare, directing the Metropolitan Transportation Authority to conduct a study of transportation and housing needs on Randalls and Wards Islands. The bill passed on a roll call vote, 60-0. The measure, which takes effect immediately, received no recorded debate before passage.
PASSED Ayes: 60 · Nays: 0

Debate Summary

No debate was recorded on this bill. The measure proceeded directly to a roll call vote.


An act directing the Metropolitan Transportation Authority to study the transportation and housing needs of Randalls and Wards Islands — 2023-05-30 · Calendar #991

The New York State Senate passed legislation directing the Metropolitan Transportation Authority to study the transportation and housing needs of Randalls and Wards Islands. Senate Print 397, sponsored by Sen. Cleare, was approved on a roll call vote of 61-0. The bill takes effect immediately. No debate was recorded during floor consideration.
PASSED Ayes: 61 · Nays: N/A

Debate Summary

No debate was recorded on this bill. The measure was called for a roll call vote and passed without discussion.