Vote: Floor vote
NY SenateJun 9, 2025Result: passed
Sponsor · State Senator, District 20 · Democratic
Senate bill · S397 (2025-26)
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.
Not chosen yet
Passed one of the two chambers; it still needs the other.
New York State Senate
Same as A2584, the matching bill in the Assembly.
Amends the General Business Law.
Agriculture · New York State Assembly
Also referred to Agriculture · New York State Senate, Consumer Affairs and Protection · New York State Assembly.
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)
NY SenateJun 9, 2025Result: passed
Senate Consumer ProtectionMar 11, 2025Result: passed
Senate AgricultureFeb 4, 2025Result: passed
Al Taylor, Angelo Santabarbara and 30 more on Agora
The sponsor's argument
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.
Amend and Recommit to Consumer Affairs and Protection
AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Amend and Recommit to Agriculture
AMEND AND RECOMMIT TO AGRICULTURE
NY Senate
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.511
1ST REPORT CAL.511
NY Senate
Reported out of committee
REPORTED AND COMMITTED TO CONSUMER PROTECTION
NY Senate
Reference Changed to Consumer Affairs and Protection
REFERENCE CHANGED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Parties are shown in the same neutral colors.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data