Bill Text: NJ A164 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits sale of certain products using advertisements alluding to controlled dangerous substances or analogs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Consumer Affairs Committee [A164 Detail]
Download: New_Jersey-2016-A164-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Prohibits sale of certain products using advertisements alluding to controlled dangerous substances or analogs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the sale of products using certain advertisements and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. It shall be an unlawful practice for any person to sell, or offer for sale, any merchandise which uses any advertisement, on its packaging or elsewhere, which directly or indirectly links the product to, or otherwise alludes to, any controlled dangerous substance or analog:
a. To a person under 18 years of age; or
b. If the product is a food, beverage, or intended to be ingested or inhaled.
The provisions of this act shall not apply to any prescription medication that is dispensed by a pharmacist pursuant to a valid prescription.
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
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.
