WeVote
Log In

Bill

Bill

S 10400

Prohibits billboard advertising of alcohol, tobacco and nicotine products and gambling or sports wagering services

2025 Regular Session Introduced by Nathalia Fernández

Prohibits billboard ads promoting tobacco, nicotine products, alcohol, or gambling/sports wagering, with immediate effect and required regulatory rules for enforcement.

REFERRED TO CONSUMER PROTECTION
0
WeVote Research Nonpartisan
Bill Summary · S 10400

Summary of Bill S. 10400 (2025-2026) – New York

Purpose and intent

  • Proposes a new provision in the General Business Law to prohibit billboard advertising of certain products and services.
  • Aims to reduce exposure to tobacco/nicotine products, alcoholic beverages, and gambling/sports wagering services by restricting outdoor billboard promotion.

Key provisions and changes

  • New law added: General Business Law § 396-aaaa.
    • Definitions:
    • Billboard advertisement: Any outdoor advertising display visible from public roadways, sidewalks, parks, or other public places, including static or digital billboards.
    • Digital billboard: LED or similar digital outdoor signs.
    • Tobacco products: As defined by NY Public Health Law § 1399-aa(5).
    • Alternative nicotine product: Non-tobacco nicotine products not regulated as a drug or device by FDA; includes packaging terms like canisters, packs, etc.
    • Vapor products: As defined by NY Public Health Law § 1399-aa(17).
    • Alcoholic beverage: As defined by Alcoholic Beverage Control Law § 3(1).
    • Gambling or sports wagering services: Broadly defined to include casino gaming, sports wagering, pari-mutuel wagering, fantasy sports, lotteries, sweepstakes with consideration and prize, bookmaking, wagering pools, betting exchanges, interactive gaming, and other wager/funding activities.
    • Prohibitions:
    • No person, corporation, or advertising operator may display or maintain a billboard advertisement that promotes the purchase, use, or consumption of tobacco products, alternative nicotine products, vapor products, alcoholic beverages, or gambling or sports wagering services.
    • Exceptions:
    • Provisions do not apply to public health messaging sponsored by a government entity.
    • Implementation and enforcement:
    • The bill directs the Department of Health, in collaboration with the State Liquor Authority and the Gaming Commission, to promulgate rules and regulations necessary to implement the provisions.
  • Effective date: Immediate upon enactment.

Who or what would be affected

  • Advertising operators and entities that manage or sell advertising space on billboards (both static and digital) would be restricted from promoting:
    • Tobacco products and alternative nicotine products (including vapor products, with defined scope on packaging).
    • Alcoholic beverages.
    • Gambling or sports wagering services.
  • Government agencies (Department of Health, State Liquor Authority, Gaming Commission) would have a regulatory role to implement and enforce the measure.
  • Public health messaging by government entities would be exempt.

Procedural and timeline considerations

  • Status: Referred to the Committee on Consumer Protection (as of May 15, 2026).
  • Effective date: The bill states "take effect immediately" upon enactment, meaning it would apply as soon as it is signed into law and becomes operative.
  • Regulatory pathway: Requires rulemaking by the Department of Health in coordination with the Liquor Authority and Gaming Commission to specify standards, enforcement mechanisms, penalties, and any compliance timelines.

Potential impacts and considerations

  • Public health impact: Potential reduction in outdoor exposure to promotions for tobacco, nicotine, alcohol, and gambling products and services.
  • Industry impact: Could impose compliance costs on billboard operators and advertisers; may affect current advertising revenue streams tied to these categories.
  • Enforcement: Depends on the regulatory framework established by the involved agencies, including penalties for violations and monitoring mechanisms.
  • Scope: Applies to all billboard advertising visible from public spaces, including digital billboards, broadening reach beyond traditional print signage.

If you’d like, I can compare this bill to existing New York advertising restrictions or provide a brief overview of potential constitutional or First Amendment considerations commonly evaluated in billboard advertising measures.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.