New York 2025-2026 Regular Session

New York Senate Bill S07463

Introduced
4/17/25  

Caption

Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.

Impact

The legislation is expected to significantly impact how electronic marketplace providers operate in New York. By imposing strict liability on these platforms, they will be required to take greater responsibility for the products sold on their sites. This could lead to increased scrutiny of products being offered, as providers may need to enhance their vetting processes to mitigate risks associated with faulty goods. The bill underscores the growing recognition of the role of online marketplaces in commerce and the necessity to ensure that consumer protections are in place.

Summary

Bill S07463 proposes amendments to New York's general obligations law, specifically addressing the liability of electronic marketplace providers regarding defective goods. The bill mandates that electronic marketplace providers—such as online sellers and platforms—will be deemed as retailers for the purposes of strict liability laws in relation to damages from defective products. This means that they would bear similar responsibility as traditional retailers for any damages that arise from products sold through their platforms.

Contention

Discussions around S07463 are likely to revolve around the implications of imposing such liabilities on electronic marketplaces. Proponents argue that it strengthens consumer protections by holding platforms accountable for the safety of the products they facilitate. However, opponents may raise concerns regarding the burden this could place on smaller marketplace providers, potentially stifling innovation and growth in the online retail sector. Additionally, questions about the practicality of enforcement and the implications for business operations are also expected to feature prominently in ongoing debates.

Companion Bills

No companion bills found.

Previously Filed As

NY S09769

Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.

NY S08582

Requires e-commerce platforms to include a feature whereby consumers may filter for products made in the United States of America; provides for a tax credit for online marketplace providers or online retailers who include such filter, or who sell products made in New York state, in the amount of state sales taxes for such products.

NY S07388

Provides that the New York labor law shall be construed liberally for the accomplishment of its remedial purposes.

NY A09632

Relates to the definition of New York state labelled beer; provides that a licensed farm brewery shall manufacture or sell New York state labelled beer and may manufacture or sell beer other than New York state labelled beer that the licensee has manufactured provided that certain conditions are met.

NY A10762

Relates to certain procedural protections granted to third-party sellers and seller profiles of online marketplaces; provides that online marketplaces must provide notice and an opportunity to respond before a seller or profile is suspended; provides that a suspended third-party seller or seller profile shall have the right to appeal the determination of the online marketplace in seeking account reinstatement.

NY S09546

Relates to certain procedural protections granted to third-party sellers and seller profiles of online marketplaces; provides that online marketplaces must provide notice and an opportunity to respond before a seller or profile is suspended; provides that a suspended third-party seller or seller profile shall have the right to appeal the determination of the online marketplace in seeking account reinstatement.

NY SB378

Online marketplaces: illicit cannabis: reporting and liability.

NY A02103

Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from the performance of an action required to be undertaken under certain law or a producer plan.

NY S02097

Limits liability of producers, representative organizations and retailers for antitrust, restraint of trade, or unfair trade practices arising from the performance of an action required to be undertaken under certain law or a producer plan.

NY S07423

Requires the commissioner of economic development, in cooperation with the commissioner of agriculture and markets and the state liquor authority to establish procedures for proposing to the governor nominations for annual awards to be known as "New York state liquor retailers awards", "New York state beer retailers awards", "New York state cider retailer awards", and "New York state mead retailers awards"; requires the commissioner of economic development to promote state policies that will encourage the production and sale of New York labelled beers, ciders, liquors, and mead.

Similar Bills

NY S09769

Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.

AL HB364

Simplified sellers use tax, marketplace facilitator further defined to exclude local delivery services

IL SB2001

ONLINE MARKET-ILLEGAL GOODS

AR SB405

To Amend The Online Marketplace Consumer Inform Act.

CA AB1953

Short-term rentals: emergencies and special events.

CA AB2143

Invasive species: noxious weeds: online marketplaces.

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5688

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).