N.Y. Public Health Law 1399-BB-1 – Promotions prohibited
§ 1399-bb-1. Promotions prohibited. 1. No manufacturer and no distributor of electronic cigarettes shall market, license, distribute, sell, or cause to be marketed, licensed, distributed, or sold any item (other than electronic cigarettes, including parts, components or accessories of electronic cigarettes) or service, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic cigarette. This subdivision shall not apply to a retailer's point of sale promotional materials for electronic cigarettes.
Terms Used In N.Y. Public Health Law 1399-BB-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Public Health Law 1399-AA
2. No manufacturer, distributor, or retailer may offer or cause to be offered any gift or item to any person purchasing electronic cigarettes in consideration of the purchase thereof.
3. No manufacturer, distributor, or retailer may sponsor or cause to be sponsored any athletic, musical, artistic, or other social or cultural event, or any entry or team in any event, in the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic cigarette. Nothing in this subdivision prevents a manufacturer, distributor, or retailer from sponsoring or causing to be sponsored any athletic, musical, artistic, or other social or cultural event, or team or entry, in the name of the corporation which manufactures the electronic cigarettes, provided that the corporate name does not include any brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of electronic cigarettes.