Bill > A164

Introduced Session

This bill prohibits the sale of certain items which use advertisements linked or alluding to controlled dangerous substances or analogs. The bill bans the sale of any food, beverage, or other product meant to be ingested or inhaled which uses such advertisement on its packaging or elsewhere. The bill further prohibits the sale of any product using such advertising, regardless of the product's intended use, to a person under 18 years of age. The bill specifies that it does not apply to any prescription medication dispensed by a pharmacist pursuant to a valid prescription. The bill specifies that violations would be unlawful practices. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.

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Ralph Caputo (D)*,  Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/27/2016)