New York State Senate Passes Predatory Marketing Prevention Act

ALBANY, NY (06/10/2025) (readMedia)-- Today, the New York State Senate passed the Predatory Marketing Prevention Act aka PMPA (S397/A2584), a landmark public health bill aimed at reducing the harmful impact of unhealthy misleading food and beverage marketing targeted at children and adolescents. Sponsored by Senator Zellnor Myrie and Assemblymember Karines Reyes, the bill gives the State Attorney General stronger tools to investigate and hold companies accountable for marketing practices that exploit youth and undermine public health. The bill now awaits action in the Assembly Consumer Affairs and Protection Committee.

"The Center for Science in the Public Interest commends the New York State Senate for standing up for children's health and passing the Predatory Marketing Prevention Act," said Dr. DeAnna Nara, CSPI Senior Policy Associate. "Every day, billion-dollar junk food marketing campaigns shape children's eating habits, prioritizing corporate profits over public health. With diet-related diseases on the rise -- particularly among youth of color -- it's more urgent than ever to stop manipulative marketing that threatens children's long-term well-being. We urge the Assembly to take swift action and stand with families across New York-the future of New York's children depends on it."

"Young people in New York are up against billions of dollars' worth of predatory, deceptive marketing for unhealthy foods. Passing the PMPA gives us a chance to hold companies accountable for business practices that endanger kids and families, causing health problems that can last a lifetime. I'm grateful to my colleagues for passing this bill today, my partner Assemblymember Karines Reyes and to CSPI and other advocates for helping us advance this critical legislation for New Yorkers," said Senator Zellnor Myrie and PMPA bill sponsor.

BACKGROUND:

The Predatory Marketing Prevention Act aka PMPA (S397/A2584): Strengthens existing consumer protections by explicitly defining and restricting misleading targeted marketing of unhealthy foods and beverages to children and adolescents. Building on New York's existing false advertising laws, the legislation ensures that youth are not unfairly manipulated into consuming food products that negatively impact long-term health.

Why Food Marketing Needs Reform:

• Influence on Consumer Behavior: Through marketing, the food industry exerts a heavy influence on how and where people make their food-purchasing decisions. For young people, fast-food advertising and processed food marketing may be particularly exploitative, steering their food preferences through early exposure and swaying their parents and caregivers' food purchases.
• Bloated Budgets for Predatory Marketing: According to the Federal Trade Commission, food companies spent nearly $2 billion marketing to youth in 2009 (the last year for which data are available). In 2019, fast-food restaurants spent $5 billion in total advertising, an increase of over $400 million (9%) vs. 2012. Notably, communities of color are disproportionately targeted; Black children see 75% more fast food ads than their white peers.
• Chronic Disease Risk: According to a 2024 report by Healthy Eating Research, digital food marketing disproportionately affects children, leading to increased consumption of nutrient-poor, calorie-dense foods and beverages linked to preventable health conditions such as diabetes, heart disease, and stroke.