S 397 New York Senate · 2025 Regular Session

Relates to food and food product advertising

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.
Bill status died 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2026
Senate Passage
Jun 2025
Assembly Passage
Governor
Introduced Jan 8, 2025 Last action Mar 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S397 S397A · 3 edits
MINOR
The bill was amended to broaden the definition of who is considered a 'child' in advertising regulations to include parents or guardians acting on a child's behalf. Additionally, the bill was reorganized to remove a specific exemption regarding the elimination of food groups and to streamline the language regarding locally grown foods.
Scope change
The bill's scope expanded from targeting only children to also covering parents or guardians who act on a child's behalf when purchasing or viewing food advertisements.
DEFINITION

The definition of a 'consumer' in advertising rules was updated to explicitly include parents or guardians acting on a child's behalf, alongside children themselves.

REQUIREMENT

The requirement for the nutrition education program was modified to remove a clause that prohibited specifically targeting the elimination of any particular food group or industry.

The description of locally grown foods (dairy, fruit, vegetables) was simplified and integrated more directly into the program's goals without the previous bracketed exemption language.

Floor votes · Senate Jun 9, 2025

How they voted

4814
Passed · 1 other
Total votes 63
Jun 9, 2025
D Democratic41
41 Yea
100% Yea
R Republican22
7 Yea 14 Nay 1
63% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
3
Committee
4
Amendments
2
Mar 3, 2026
Upper · Passed
PRINT NUMBER 397A
upper
Mar 3, 2026
Upper · Passed
AMEND AND RECOMMIT TO AGRICULTURE
upper
Jan 7, 2026
Committee
REFERRED TO AGRICULTURE
upper
Jun 9, 2025
Committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
lower
Jun 9, 2025
Upper · Passed
PASSED SENATE
upper
Feb 4, 2025
Committee
REPORTED AND COMMITTED TO CONSUMER PROTECTION
upper
Jan 8, 2025
Committee
REFERRED TO AGRICULTURE
upper
1 primary · 12 co-sponsors

Sponsors