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S 9445

Prohibits the public display of kratom advertisements

2025 Regular Session Introduced by Joe Addabbo and 6 co-sponsors

Prohibits storefront kratom ads within 1,500 ft of non-NYC schools or 500 ft in NYC, with civil penalties up to $1,000 for violations.

1ST REPORT CAL.1108
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Bill Summary · S 9445

Overview

Bill S. 9445 from the New York 2025-2026 session would prohibit the public display of kratom advertisements within a certain distance of schools and establishes civil penalties for violations. The measure adds a new section to the General Business Law to define what counts as a kratom advertisement and to prohibit storefront advertising near schools.

Purpose and intent

  • To reduce exposure to kratom advertising in public spaces near schools.
  • To create a regulatory remedy (civil penalties) for entities that place or maintain kratom advertisements within a defined distance of schools.

Key provisions

  • Added section: New General Business Law § 396-aaaa (Public display of kratom advertisements prohibited).
  • Definitions:
    • Advertising: Any words, pictures, symbols, graphics, or visual images that bear a federally required health warning and are used to identify a kratom product intended or reasonably expected to be used for kratom consumption, or to promote such use or sale.
    • Kratom: The term has the same meaning as in another provision of the article (referenced as § 398-g, per the bill).
  • Prohibited conduct:
    • No person or business entity may place, cause to be placed, maintain, or cause to be maintained kratom advertisements in a storefront, exterior window, or door that is used for public entry to the building, within:
    • 1,500 feet of a school (outside New York City).
    • 500 feet of a school (within New York City).
  • Penalties:
    • First violation: Civil penalty not exceeding $500.
    • Second or subsequent violations: Civil penalty not exceeding $1,000.
  • Effective date: The act takes effect 90 days after becoming law.

Who and what is affected

  • Affected entities: Any person, corporation, partnership, sole proprietor, limited partnership, association, or other business entity that advertises kratom products.
  • Scope of advertisements: Public storefront advertisements, including exterior windows and entry/egress doors, within the specified proximity to schools.

Procedural and timeline notes

  • Introduction and committee: Introduced in the Senate by Sen. Ryan and referred to the Committee on Consumer Protection.
  • Action history: 2026-03-12 referred to Consumer Protection; 2026-05-12 first report.
  • Enactment timeline: Becomes law 90 days after enactment (i.e., after signing/approval by the Governor and official publication).

Potential impact and considerations

  • Public health/consumer protection: Aims to limit exposure to kratom advertising near schools, potentially reducing youth exposure.
  • Compliance: Businesses near schools must assess whether any storefront kratom advertising falls within prohibited zones and adjust signage accordingly.
  • Enforcement: Civil penalties provide a mechanism to deter noncompliance.
  • Scope: Applies to storefronts within the stated radii; does not address online advertising or advertising in non-storefront contexts.

If you’d like, I can compare this bill to existing New York statutes on kratom or advertising restrictions, or draft a quick brief for stakeholders (business owners, school districts, or public health advocates).

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

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