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Bill

S 10401

Relates to the removal of billboard advertisements related to the promotion of tobacco products, alternative nicotine products, vapor products, alcoholic beverages or gambling or sports wagering services

2025 Regular Session Introduced by Nathalia Fernández

The bill bans billboard ads for tobacco, nicotine, vapor, alcohol, and gambling, removing them at contract end and replacing with health PSA if no new paid ad is arranged.

REFERRED TO CONSUMER PROTECTION
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Bill Summary · S 10401

Summary of Bill S. 10401 (2025-2026) – New York

Purpose and aim

This bill amends the General Business Law to prohibit billboard advertising that promotes certain restricted products and activities. The core goal is to remove outdoor ads for tobacco products, alternative nicotine products, vapor products, alcoholic beverages, and gambling or sports wagering services, with a specific process for phasing out such ads and replacing them with health-focused public service messaging.

Key provisions

  • New statutory provision added: Introduces newly designated General Business Law § 396-aaaa, defining terms and outlining requirements for billboard advertisements related to the targeted products and services.

    • Billboard advertisement: Any outdoor display visible from public spaces (roadways, sidewalks, parks, etc.), including static and digital billboards.
    • Digital billboard: Outdoor signs using digital image technology (e.g., LED).
    • Product definitions:
    • Tobacco products: As defined in the referenced Public Health Law.
    • Alternative nicotine products: Noncombustible nicotine products not containing tobacco, excluding FDA-regulated drugs/devices.
    • Vapor products: As defined in the Public Health Law.
    • Alcoholic beverages: As defined by Alcoholic Beverage Control Law.
    • Gambling or sports wagering services: Broad category including casino gaming, sports wagering, pari-mutuel wagering, fantasy sports, lotteries, sweepstakes with consideration and prize, bookmaking, wagering pools, betting exchanges, interactive gaming, and similar wagering activities.
    • “Unit” concept for alternative nicotine products (containers or wrappers) is specified.

  • Effective action on billboards:

    • Starting on or after the effective date, any billboard advertising promoting the listed products/services must be removed on the last day of the existing advertising contract for that billboard.
    • If a billboard ad is removed and no new paid advertising contract is in place, a health-focused public service announcement (PSA) from a state or city entity about the harms of the product must be displayed in place, until a new paid contract with a vendor begins.

Applicability and timeline

  • Scope: Applies to all billboard advertisements that promote tobacco products, alternative nicotine products, vapor products, alcoholic beverages, or gambling/sports wagering services.
  • Removal schedule: Removal occurs exactly on the last day of the current contract term for the affected billboard.
  • Public health PSA replacement: Mandatory interim PSA messaging when no immediate replacement paid contract is available, ensuring continued health information is communicated.

Affected parties

  • Advertisers and billboard operators: Must remove prohibited ads at contract end dates; must coordinate with vendors for new contracts or PSA replacements.
  • State and local governments: Responsible for producing or approving health PSAs to be displayed in place of removed ads when needed.
  • Public health and consumers: Expected benefit from reduced exposure to advertising for addictive or potentially harmful products, with ongoing health information provided via PSAs.

Procedural aspects

  • Effective date: The act takes effect immediately upon enactment.
  • Legislative action: Referred to the Senate Committee on Consumer Protection for consideration.

Bottom line

S. 10401 aims to reduce exposure to advertising for tobacco, alternative nicotine, vapor, alcohol, and gambling/sports wagering by mandating the removal of such billboard ads at the end of existing contracts and substituting interim public health messages if no new paid campaigns are available. The measure emphasizes a transition away from promotional signage toward health-focused information.

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

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