Requires that all companies that sell electronic cigarettes shall annually disclose to the commissioner of health their online advertising expenditures from the previous fiscal year; makes related provisions.
Summary
This bill would amend the Public Health Law to require all companies in New York that sell electronic cigarettes to report annually to the Commissioner of Health their online advertising expenditures from the previous fiscal year. The disclosure would have to include the total amount spent on online ads, an itemized list of spending by website, the length of time each ad appeared on each website, and any other internet-advertising activity the commissioner considers appropriate.
The bill also directs the Department of Health to include this information in its annual report to the governor and legislature, along with any proposed rules and regulations it deems appropriate to limit online advertisements that may be seen by children. The measure would take effect 180 days after becoming law.
Impact
The bill would add a new reporting requirement to section 1399-kk of the Public Health Law, expanding state oversight of e-cigarette marketing practices. It would affect companies selling electronic cigarettes in New York by imposing annual disclosure obligations related to digital advertising, and it would give the Department of Health a clearer basis for monitoring and potentially regulating online ad placement, especially where children may be exposed.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a public health and child-protection initiative rather than a punitive enforcement bill. Its stated purpose suggests support for transparency in e-cigarette marketing and concern about youth exposure to online advertising. No formal voting history or transcript is available here to indicate broader legislative support or opposition.
Contention
The main likely point of contention is the scope of the disclosure requirement, particularly the demand for itemized spending by website, ad duration, and any additional information the commissioner deems appropriate. E-cigarette companies may view this as burdensome or overly broad, while public health advocates are likely to support it as a tool for limiting youth exposure to vaping ads. Another possible issue is the commissioner’s discretion to determine what additional internet-advertising activity must be reported and what rules may be proposed to restrict ads seen by children.
Requires that all companies that sell electronic cigarettes shall annually disclose to the commissioner of health their online advertising expenditures from the previous fiscal year; makes related provisions.
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