Prohibits the public display of kratom advertisements

Summary

Prohibits the public display of kratom advertisements within a certain distance of schools.

Summary from NY Open Legislation. How we handle summaries

Amends the General Business Law.

Purpose, from the sponsor's memo

The general business law is amended by adding a new section 396-aaaa to read as follows: § 396-aaaa. Public display of kratom advertisements prohibited. Section 1: (a) Defines what qualifies as an advertisement (b) Defines kratom (c) Establishes that a business cannot place an advertisement in the storefront within 1,500 feet of a school (within 500 feet of a school in New York City) for kratom (d) Creates a $500 violation for the first violation and a $1,000 violation for the second or subsequent violation Section 2 sets the effective date as 90 days after it shall become law PURPOSE AND JUSTIFICATION: The FY 2020-2021 New York State budget established that a business enti- ty cannot display any exterior advertising for tobacco products, smoking paraphernalia, vapor products, or electronic cigarettes within 1,500 feet of a school in Upstate New York and within 500 feet of a school in New York City (a9506b/s7506b of 2020). While this was an important step in limiting advertisements for tobacco products, there are other products out there that are being advertised that are also not FDA-ap- proved, such as kratom. Kratom has been used in Southeast Asia for hundreds of years as a multi-purpose health remedy. While in its natural form (a leaf that is chewed), it can be safe. However, many products, such as pills and drinks, contain refined kratom, which is chemically altered to be more potent and addictive. There are no uses for kratom approved by the U.S. Food and Drug Administration (FDA) and the FDA has warned consumers not to use kratom due to potential side effects such as nausea, aggression, hallucinations, troubled breathing, liver damage, and death. Over the past several years, there has been a dramatic increase in the number of exterior displays of kratom products at gas stations, smoke shops, and convenience stores. These exterior advertisements are not only used to advertise that a store sells kratom, but some advertise- ments even promote health claims of kratom that are not verified by the FDA1. To combat this troubling trend, this legislation simply adopts the same restrictions for kratom products that are already established for tobacco products.

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

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Consumer Affairs and Protection · New York State Assembly

Also referred to Consumer Protection · New York State Senate.

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Cosponsors

Recorded votes

• Vote: Committee vote · Consumer Protection

  Senate Consumer ProtectionMay 12, 2026Result: passed

  Voted yes (7)Voted no (0)Voted present (0)Absent (0)

  See member positions

Full history

1. Jun 5, 2026

   In committee

   COMMITTED TO RULES

   NY Senate

2. May 14, 2026

   Advanced to Third Reading

   ADVANCED TO THIRD READING

   NY Senate

3. May 13, 2026

   2ND Report CAL.

   2ND REPORT CAL.

   NY Senate

4. May 12, 2026

   1ST Report CAL.1108

   1ST REPORT CAL.1108

   NY Senate

5. Mar 12, 2026

   Referred to committee

   REFERRED TO CONSUMER PROTECTION

   NY Senate

Read the record

• Read on NY Senate (opens in a new tab) The official record on nysenate.gov.