NY Gen Bus L § 349-E (2021)
2021 New York Laws GBS - General Business Article 22-A - Consumer Protection From Deceptive Acts and Practices 349-E - Counterfeit and Non-Functional Airbags.

§  349-e.  Counterfeit  and non-functional airbags. 1. As used in this section:  (a) "Airbag" shall mean  any  component  of  an  inflatable  restraint system, as such term is defined in section one hundred nineteen-b of the vehicle  and  traffic  law,  and that is designed for the specific make, model, and year of the motor vehicle to be installed and to  operate  in the  event  of a crash. Airbag components include but are not limited to the cover,  sensors,  controllers,  inflator,  wiring,  and  the  airbag itself.  (b)  "Counterfeit  airbag"  shall  mean  an airbag that bears, without authorization, a mark identical with, or substantially similar  to,  the genuine mark of the manufacturer of such motor vehicle.  (c)  "Non-functional  airbag" shall mean a replacement airbag that has been previously deployed or damaged, or that  has  an  electrical  fault that  is  detected  by  the  readiness  indicator light, as such term is defined in section one hundred nineteen-b of  the  vehicle  and  traffic law,  after  the  installation  procedure  is completed. "Non-functional airbag" shall also mean any object, including a counterfeit or  repaired airbag component installed to deceive the vehicle owner or operator into believing a functional airbag is installed.  (d)  "Person"  shall  mean any person, partnership, firm, corporation, company, trust, association, or any agent or employee thereof.   2. (a) It shall be unlawful for any person to knowingly:  (i) make, offer to distribute or distribute, offer to sell or  sell  a counterfeit or a non-functional airbag;  (ii)  install  or  reinstall  a counterfeit airbag or a non-functional airbag in any motor vehicle, as that term  is  defined  in  section  one hundred twenty-five of the vehicle and traffic law;  (iii)  offer  to  distribute  or  distribute,  offer  to sell or sell, install or reinstall a counterfeit or non-functional airbag so that  the readiness  indicator  light,  as  such  term  is  defined in section one hundred nineteen-b of the vehicle and traffic law, falsely displays that the airbag is in proper working order; or  (iv) represent to another  person  that  a  counterfeit  airbag  or  a non-functional  airbag installed or reinstalled in a motor vehicle is an airbag.  (b) Any person who violates  any  provision  of  this  subdivision  is guilty  of a class A misdemeanor punishable as provided for in the penal law.   3. Whenever there shall be  a  violation  of  this  section  involving twenty-five  or  more  counterfeit and/or non-functional airbags, or any second or subsequent violation  of  subdivision  two  of  this  section, application  may  be  made  by  the  attorney general in the name of the people  of  the  state  of  New  York  to  a  court  or  justice  having jurisdiction  by  a  special proceeding to issue an injunction, and upon notice to the defendant of not  less  than  five  days,  to  enjoin  and restrain  the  continuance  of such violation; and if it shall appear to the satisfaction of the court or justice  that  the  defendant  has,  in fact,  violated  this section, an injunction may be issued by such court or justice, enjoining and restraining  any  further  violation,  without requiring  proof  that  any person has, in fact, been injured or damaged thereby. In connection with any such proposed application, the  attorney general  is  authorized  to  take  proof and make a determination of the relevant facts and to issue  subpoenas  in  accordance  with  the  civil practice  law  and  rules. Any person who violates this section and such violation involves twenty-five or more counterfeit and/or non-functional airbags, or a second or subsequent violation of subdivision two of  this section  shall  be  subject  to  a  civil  penalty  of not more than one  thousand dollars for each violation. No person shall be deemed  to  have violated  the  provisions  of  this  section if such person, shows, by a preponderance of the evidence, that the violation  was  not  intentional and resulted from a bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid such error.