New York Senate Bill S00397

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Report Pass: 2/4/25
• Engrossed: 6/9/25
• Refer: 6/9/25
• Refer: 1/7/26

Caption

Relates to false or misleading advertisements of food and food products; provides factors to determine whether an advertisement is false or misleading; provides for enforcement and a private right of action.

Summary

S00397 would amend New York’s false advertising and food-related consumer protection laws to treat advertising of food and food products as potentially false or misleading when it is directed at children or at parents/guardians acting for children. The bill adds a list of factors courts may consider in deciding whether an ad is targeted to children, including subject matter, visuals, bright colors, animated characters, music, celebrity endorsements, child-oriented language, audience composition, location near schools, and the medium used, including social media and television. It also directs courts to give special consideration to child-directed advertising when evaluating violations under the agriculture and markets law. The bill further amends the state’s childhood obesity prevention program to emphasize education about access to and nutritional value of locally grown foods and food products, including dairy, fruits, and vegetables, and to require cooperation with the Department of Agriculture and Markets in promoting those foods. The measure includes a severability clause and would take effect 30 days after becoming law.

Impact

The bill would expand the legal framework for identifying false or misleading food advertising in New York, especially where marketing is aimed at children. It would affect the General Business Law, the Agriculture and Markets Law, and the Public Health Law by giving courts and enforcement authorities additional criteria to assess child-directed advertising and by strengthening the state’s obesity-prevention programming around local and nutritious foods. The measure could affect food manufacturers, advertisers, broadcasters, digital platforms, and retailers that market food products to children or families.

Sentiment

The available voting history suggests generally favorable support for the bill, though not unanimous. It passed the Senate Agriculture Committee 6-3, the Senate Consumer Protection Committee 7-0, and the full Senate 47-14, indicating broad backing with some opposition concentrated earlier in the process and a minority of senators opposed on final passage. No committee transcripts were provided, so the record reflects support inferred primarily from votes rather than detailed debate.

Contention

The main point of contention appears to be whether the state should more aggressively regulate food marketing directed at children and how broadly false-advertising standards should be applied to food and beverage promotion. Supporters appear to view the bill as a child-health and consumer-protection measure aimed at reducing obesity and deceptive marketing, while opponents likely object to the expanded regulatory reach, the use of multiple contextual factors to judge advertising, and the potential burden on the food and advertising industries. The amendment to obesity-prevention programming to emphasize locally grown foods may also be a point of interest for agricultural stakeholders.