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Zellnor Myrie

Sponsor · State Senator, District 20 · Democratic

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Senate bill · S397 (2025-26)

Relates to food and food product advertising

Latest action Apr 22, 2026

Summary

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.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A2584, the matching bill in the Assembly.

Amends the General Business Law.

Committee

Agriculture · New York State Assembly

Also referred to Agriculture · New York State Senate, Consumer Affairs and Protection · New York State Assembly.

Purpose, from the sponsor's memo

To protect children from junk food companies targeting them with false or misleading advertisements.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateJun 9, 2025Result: passed

    (48) (14) (0) (1)
  • Vote: Committee vote · Consumer Protection

    Senate Consumer ProtectionMar 11, 2025Result: passed

    (7) (0) (0) (0)
  • Vote: Committee vote · Agriculture

    Senate AgricultureFeb 4, 2025Result: passed

    (6) (3) (0) (0)

The sponsor's argument

Why Zellnor Myrie says this is needed

Currently, obesity and related comorbidities are the second leading cause of preventable death in the United States. Obesity is closely linked with impaired immune function, decreased lung capacity, and increased risk of severe illness, all of which make individuals more vulnerable as we continue managing the onslaught of Coronavirus. Unfor- tunately, the obesity epidemic continues to grow exponentially, espe- cially among children. Nearly one-third of New York's children are obese or overweight. In 2020, the World Health Organization (WHO), UNICEF, and the Lancet Medical Journal jointly formed a commission that found exploitative marketing practices as one of the most serious threats to our children's future. In the United States, children see roughly three to five fast food advertisements per day. Children are particularly susceptible to these tactics because they are still forming their personal preferences and habits, and they do not yet possess the ability to detect ulterior motives. Furthermore, children are less likely to practice restraint and can easily become addicted to the immediate satisfaction junk food provides. Like many comorbidities, obesity also disproportionately affects commu- nities of color. The fast food industry specifically targets advertising towards disadvantaged communities with just enough money to spend on cheap fast food and little access to reliable nutrition information. Food-related companies spend almost $14 billion per year on advertising, of which 80% promote fast food, surgery drinks, candy, and other unhealthy snacks. In New York, the trends are alarming. Research shows that companies specifically target largely black and brown neighborhoods to advertise sugary products. A CUNY Urban Food Policy Institute survey found that New Yorkers living and working in lower-income neighborhoods are almost twice as likely to fall victim to predatory marketing of unhealthy foods than those in higher-income communities. Highly processed foods share similar characteristics to alcohol, narcot- ics, and other addictive substances. Research indicates that the chemi- cal composition of such foods may alter our physiology to promote over- eating and metabolic dysfunction. Like the restrictions placed on the consumption of drugs and alcohol, the legislature is morally obligated to protect the public from predatory marketing of junk food consistent with the state's efforts to curb the disastrous health outcomes associ- ated with the overconsumption of these products.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Apr 22, 2026

    Amend and Recommit to Consumer Affairs and Protection

    AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  2. Mar 3, 2026

    Amend and Recommit to Agriculture

    AMEND AND RECOMMIT TO AGRICULTURE

    NY Senate

  3. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

  5. Jan 7, 2026

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

Show full history (10 earlier events)
  1. Jun 9, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 9, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 9, 2025

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  4. Mar 13, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Mar 12, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  6. Mar 11, 2025

    1ST Report CAL.511

    1ST REPORT CAL.511

    NY Senate

  7. Feb 4, 2025

    Reported out of committee

    REPORTED AND COMMITTED TO CONSUMER PROTECTION

    NY Senate

  8. Jan 31, 2025

    Reference Changed to Consumer Affairs and Protection

    REFERENCE CHANGED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  9. Jan 21, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Assembly

  10. Jan 8, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

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