New York 2025-2026 Regular Session

New York Assembly Bill A05862

Introduced
2/24/25  
Refer
2/24/25  

Caption

Prohibits advertising for certain junk foods from being shown on television between the hours of six A.M. and nine P.M.

Summary

This bill would amend New York’s General Business Law to prohibit television advertisements for certain foods defined as “junk food” from being shown between 6:00 a.m. and 9:00 p.m. The bill creates a new section, 396-bbb, and defines junk food using nutritional thresholds, including limits based on calories, sodium, fat, saturated fat, trans fat, and sugar content. Any person or entity operating a television station that publishes or disseminates such ads during the restricted hours would be guilty of a misdemeanor. The measure is aimed at reducing children’s and general public exposure to high-calorie, high-sodium, high-sugar, and high-fat food advertising during daytime and early evening hours. It would take effect one year after becoming law, giving broadcasters and advertisers time to adjust their practices. Because the bill regulates advertising content on television, it would affect television stations, advertisers, food manufacturers, and marketing firms that promote qualifying products in New York.

Impact

The bill would add a new advertising restriction to New York’s General Business Law by creating section 396-bbb. It would make daytime television advertising of foods meeting the bill’s “junk food” definition unlawful and classify violations as a misdemeanor. The practical effect would be to limit when certain food products can be marketed on television in New York, particularly during hours when children and families are more likely to be watching.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the available context suggests the bill is framed as a public health and consumer protection measure rather than a partisan or procedural controversy. The sponsor’s approach indicates concern about the influence of unhealthy food marketing, especially during daytime television hours. However, because there are no transcripts or vote records provided, there is no documented legislative sentiment beyond the bill’s stated purpose.

Contention

The main likely point of contention is the scope and enforceability of the “junk food” definition, which relies on specific nutritional thresholds that may capture a broad range of products. Broadcasters and advertisers could object that the bill restricts commercial speech and imposes compliance burdens, while public health advocates would likely support the restriction as a way to reduce exposure to unhealthy food marketing. Another possible issue is whether the hours chosen, 6 a.m. to 9 p.m., are too broad and whether a misdemeanor penalty is an appropriate enforcement mechanism.

Companion Bills

No companion bills found.

Previously Filed As

MN HF4124

Manufacturers prohibited from advertising prescription drugs on television.

MN SF3650

Manufacturers prohibited from advertising prescription drugs on television

CA AB1264

Pupil nutrition: restricted school foods and ultraprocessed foods of concern: prohibition.

WV SB47

Prohibiting drag shows from being performed in front of minors

WV SB507

Prohibiting drag shows from being performed in front of minors

NJ S3785

Prohibits certain substances in sale, distribution, and manufacture of commercial foods for human consumption; bans certain substances in school food.

OK SB2021

Pharmaceutical advertising; prohibiting certain direct-to-consumer advertising; providing civil and criminal penalties. Effective date. Emergency.

NJ S4092

Prohibits certain substances in sale, distribution, and manufacture of commercial foods within two years; immediately bans certain dyes in school food.

MN SF2326

Certain billboards advertising prohibition elimination provision

MN HF2104

Prohibition on cannabis advertising on billboards eliminated.

Similar Bills

No similar bills found.