S4823

An Act concerning consumer products 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. This act shall be known and may be cited as the “Connected Consumer Product End of Life Disclosure Act.”

2. As used in this act:

“Connected consumer product” or “product” means any device or other physical object that is intended for consumer use and is capable of connecting to the Internet, either directly or indirectly including, but not limited to, the physical device, a mobile application, and necessary cloud infrastructure.

“End of life” means the point at which the manufacturer ceases to provide technical support, security updates, or bug fixes for the software, hardware, or firmware necessary for the product to securely function, even if the product is still in use.

“End of sale” means the point at which a manufacturer stops selling the product.

“Firmware” means a low-level software that is embedded into a hardware device, which provides essential instructions for proper operation and acts as a middle layer between the hardware and higher-level software, such as a device operating system or application.

“Manufacturer” means a person engaged in the business of manufacturing, assembling, or distributing connected consumer products in this State.

“Minimum guaranteed support time frame” means the minimum amount of time for which a manufacturer has publicly committed to providing technical support, security updates, or bug fixes for the software, hardware, or firmware of a product, which is guaranteed to continue until a specific date.

“Product web page” means an Internet web page specific to the particular connected consumer product that contains information and features about the product.

“Security update” means an update released to address vulnerabilities in the software, hardware, or firmware of a connected consumer product.

“Vulnerabilities” means flaws in the software, hardware, or firmware of a connected consumer product that weakens its security and integrity, potentially compromising the proper operation of the product.

3. a. The manufacturer of a connected consumer product shall clearly and conspicuously disclose a minimum guaranteed support time frame to prospective buyers at the point of sale where it has the ability to make disclosures to the consumer. The minimum guaranteed support time frame shall:

(1) be for a reasonable amount of time, considering factors such as the product’s price, intended use, and consumer expectations regarding the duration of the product’s features that depend on Internet connectivity;

(2) be no less than one year before the product’s end of sale; and

(3) not be reduced after it is disclosed pursuant to the provisions of this subsection.

b. A manufacturer of a connected consumer product may extend the minimum guaranteed support time frame at any time by providing product owners with a disclosure pursuant to subsection e. of this section.

c. A manufacturer of a connected consumer product shall publish, on its product web page, clear and conspicuous information about the minimum guaranteed support time frame for the product and a detailed account of the features and functionality lost when the product reaches its end of life.

d. A manufacturer of a connected consumer product shall provide a disclosure to a product owner before ceasing to provide technical support, security updates, or bug fixes for the software, hardware, or firmware of the connected consumer product six months before the product reaches its end of life and on the date the product reaches its end of life.

Disclosures of a connected consumer product’s end of life shall include clear and conspicuous information about actions that product owners may take to continue using the product in a secure manner, including, but not limited to, disconnecting the product from the Internet, and provide a list of features lost and vulnerabilities that are likely to result from the product’s end of life.

e. A manufacturer of a connected consumer product shall provide disclosures to connected consumer product owners through any of the following methods of communication:

(1) an interface on the product, an associated application, or the product web page;

(2) through email or text message when manufacturers possess the product owner’s contact information; or

(3) through regular mail to the address provided by the product owner.

4. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any manufacturer of a connected consumer product to fail to comply with the provisions set forth in this act.

b. In addition to any other penalties provided by law, any person aggrieved by a violation of section 3 of this act may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce this section, and the person shall be entitled to recover for each violation:

(1) direct costs of product repair or replacement;

(2) costs of alternative products during repair;

(3) consequential damages from product failure;

(4) lost wages from time taken for product repairs;

(5) other documented monetary losses;

(6) reasonable attorneys’ fees and costs including, but not limited to, expert witness

fees and other litigation expenses; and

(7) other relief the court deems appropriate.

5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

6. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of Consumer Affairs in the Department of Law and Public Safety may take any advance administrative action as may be necessary to implement the provisions of this act, and the act shall retroactively apply to connected consumer products sold or offered for sale on or after July 1, 2025.

STATEMENT

This bill establishes the “Connected Consumer Product End of Life Disclosure Act,” which requires manufacturers of connected consumer products to provide certain disclosures to consumers and product owners.

Under the bill, a “connected consumer product” or “product” means any device or other physical object that is intended for consumer use and is capable of connecting to the Internet, either directly or indirectly, including the physical device, a mobile application, and necessary cloud infrastructure.

This bill requires manufacturers of connected consumer products to disclose a minimum guaranteed support time frame to prospective buyers at the point of sale where the manufactures have the ability to make disclosures to the consumer. Under the bill, “minimum guaranteed support time frame” means the minimum amount of time for which a manufacturer has publicly committed to providing technical support, security updates, or bug fixes for the software, hardware, or firmware of a product, which is guaranteed to continue until a specific date. This support time frame is to depend on various factors, last no less than one year before the product’s end of sale, and cannot be shortened once disclosed. However, manufacturers may extend the support time frame.

The bill requires manufacturers to publish the minimum guaranteed support time frame and a detailed account of what features and functionality will be lost when the product reaches its end of life. Manufacturers are to notify product owners before ending technical support, security updates, or bug fixes for a product’s software, hardware, or firmware. Additionally, disclosures regarding a product’s end of life are to include information on steps product owners can take to continue using their devices securely.

The bill requires manufacturers to provide disclosures to connected consumer product owners through any of the following methods of communication: (1) an interface on the product, an associated application, or the product web page; (2) through email or text message when manufacturers possess the product owner’s contact information; or (3) through regular mail to the address provided by the product owner.

A violation of the bill’s provisions is an unlawful practice under the consumer fraud act, 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, violations may 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 party. Additionally, the bill provides that any person may bring a legal action for injunctive or declaratory relief for violations of the bill.