Letitia James

Insulin prescription costs are now capped at $35 a month for uninsured New Yorkers.

State Attorney General Letitia James announced the agreement with Eli Lilly and Company and Sanofi-Aventis U.S. LLC.

An investigation by the Office of the Attorney General found that the list prices set by insulin manufacturers for patients resulted in significant out-of-pocket costs for certain insulin users, causing some to ration their insulin or forgo it altogether.

Under the agreements, any uninsured New Yorker who uses Lilly or Sanofi insulin products will not be charged more than $35 for a monthly supply of insulin for the next five years, and both companies also committed to offering free insulin for the neediest patients.

Over the past two decades, the list prices for insulin have increased dramatically. From 2002 to 2013, the average list prices for insulin products from all manufacturers nearly tripled. For a person with Type 1 diabetes, annual spending on insulin averaged $2,864 in 2012, and that spending increased to an average of $5,705 in 2016. These dramatic cost increases were not driven by insulin manufacturing costs, which by one estimate would be no more than $133 per person per year.

More than 10 percent of New Yorkers have diabetes, and it is estimated that 464,000 of them rely on insulin every day. New Yorkers who live in the state’s poorest neighborhoods are 70 percent more likely to have diabetes. In fact, more than 16 percent of New York adults with diabetes have an annual household income of less than $25,000, while only six percent have an annual household income of more than $50,000.

As part of these agreements, Lilly and Sanofi have committed to offering affordable programs for patients and the companies agreed to implement a streamlined process at the pharmacy counter that would allow pharmacies to automatically advise cash-paying consumers of their ability to fill their monthly prescription for $35, before leaving the pharmacy counter.

In addition to the $35 monthly cap for any uninsured New Yorker, Lilly has also agreed to continue working with national relief agencies to identify high-need geographical locations throughout New York and to offer insulin products free of charge, through national relief agencies, to more eligible non-profit clinics in those locations. Those clinics can then offer insulin products for free in those areas that are the most in need. Sanofi has also agreed to offer free insulin to the neediest consumers who meet income thresholds tied to the federal poverty line.

New York State Attorney General Letitia James announces settlement with JUUL Labs. (April 12, 2023)

New York State Attorney General Letitia James announced a multi-state settlement with vaping company JUUL Labs for $462 million.

In 2019, James sued JUUL for deceptive and misleading marketing, which targeted youth and mislead the safety of the product. JUUL claimed its products were safer than cigarettes.

The lawsuit alleged that the company’s advertising violated New York’s General Business Laws with false advertising, unreasonable interference with public health, and selling tobacco products to minors.

The settlement requires JUUL to secure JUUL products behind retail store counters and verify the age of consumers that directly sell or promote its products online. The agreement is the largest multistate settlement with JUUL

New York State will receive $112.7 million over eight years. James said the first payment of $14 million is due within 90 days.

Jamestown Public Schools is set to receive $74,669; less disbursements and fees; in the settlement per a resolution passed by the Jamestown School Board in March.

Superintendent Dr. Kevin Whitaker said in a statement to WRFA, “I hope this penalty forces them and other companies who may have similar inclinations to reconsider marketing directly to underage students and children so that we can avoid the short-term and long-term negative medical impacts of early smoking and vaping on young lungs.”

State Senator George Borrello speaking on lawsuit against NYS Dept. of Health (April 2022)

The State Attorney General’s Office has appealed a State Supreme Court ruling that said the State Department of Health exceeded its authority by using rulemaking process for isolation and quarantine procedures.

The lawsuit against the State Department of Health had been brought by State Senator George Borrello and others in regards to the enactment of a state DOH regulation that establishes isolation and quarantine procedures for those who are suspected of having a communicable disease. The proposed regulation was adopted as an emergency regulation on February 22, 2022 and has been renewed at 90-day intervals through July 20, 2022. It has also been published in the New York State Register for permanent adoption through the rulemaking process.

The proposed rule would allow the Health Department to coordinate with a local health authority to mandate isolation and quarantine for individuals exposed to communicable diseases, even in locations beyond their own homes.

Cattaraugus County State Supreme Court Judge Ronald Ploetz issued a ruling on July 8, 2022 that cited the fact that there is already established Public Health Law governing isolation and quarantine which balances individual rights and the need for public safety.

He notes that in Rule 2.13 there is “no such due process protections…The Commissioner has unfettered discretion to issue a quarantine or isolation for anyone, even if there is no evidence that person is infected or a carrier of the disease… Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures… Rule 2.13 merely gives “lip service” to Constitutional due process.”

In response to the state’s appeal, State Senator George Borrello issued a statement saying the state’s appeal is “disappointing, but not a surprise,” calling their actions, “.. an egregious waste of taxpayer dollars and an attempt to defend an indefensible policy. The constitutional separation of powers and the right of due process are principles that cannot be compromised.”

Letitia James

Two conspiracy theorists who tried to suppress Black voters ahead of the 2020 election have lost a lawsuit brought by New York Attorney General Letitia James.

James filed a lawsuit in federal court against Jacob Wohl and Jack Burkman in May 2021 after an investigation by the Office of the Attorney General (OAG) found that Wohl and Burkman, while hiding behind their organization “Project 1599,” violated state and federal laws by orchestrating robocalls to threaten and harass Black communities through disinformation, including claims that mail-in voters would have their personal information disseminated to law enforcement, debt collectors, and the government.

The Wohl and Burkman robocall campaign reached approximately 5,500 New Yorkers. Damages and relief will be determined at a later date.

In August 2022, Attorney General James announced a settlement with robocalling platform Message Communications for its role in sending out the illegal robocall designed by Wohl and Burkman.

Wohl and Burkman robocalled roughly 85,000 voters across Michigan, New York, Pennsylvania, Illinois and Ohio in the summer of 2020.

In Ohio, the Cuyahoga County Common Pleas court sentenced them in November 2022 to two years of probation, six months of monitoring with a GPS ankle bracelet, $2,500 each in fines and 500 hours of registering voters in Washington, D.C.

Letitia James

State Attorney General Letitia James has filed a motion for a preliminary injunction against ten national gun distributors to demand they stop illegally shipping ghost gun parts into New York.

James is asking a federal court to order these businesses to immediately stop selling, shipping, distributing, or supplying unfinished frames or receivers to any person or entity with a New York address.

Thursday’s action builds on the lawsuit that James filed against these companies in June 2022 and is part of the Office of the Attorney General’s (OAG) ongoing efforts to stop the flow of illegal and dangerous ghost guns into New York.

James said in a statement that companies that sell ghost gun parts and kits “present a clear danger to all New Yorkers. These deadly weapons are unregistered, untraceable, and do not require any background check to purchase, which means they can easily end up in dangerous hands.”

In the lawsuit filed in June 2022, James said six of the ten defendants were caught shipping one or more unfinished frames or receivers to undercover investigators in New York, and several defendants advertised ghost gun components for sale and shipped their products to individuals who went on to commit crimes involving ghost guns in New York State.

The case is pending in the United States District Court for the Southern District of New York.

Letitia James

A nationwide shortage of cold, flu and fever medicines for children is causing some drug store chains to limit purchases of the products amid a “tripledemic” this holiday season.

The “tripledemic” of COVID-19, RSV, and the flu is causing a run on children’s pain relievers like acetaminophen and ibuprofen.

To combat part of the problem, the U.S. government released reserves of Tamiflu. CVS, Target and Walgreens are limiting purchases of over-the-counter children’s medication to prevent stockpiling.
CVS has a two-product limit in-store and online. Target placed a two-product limit for online purchases. And Walgreens is allowing customers to purchase six products per online transaction.

New York Attorney General Letitia James cautioned consumers and businesses of price gouging of children’s painkillers and fever reducers as demand increases for those medications.

The Office of the Attorney General (OAG) is aware of reports of children’s medication being sold online and in stores at prices two or three times their retail value. James urges New Yorkers to be on alert for potential price gouging of medications including Tylenol, Motrin, and acetaminophen, ibuprofen, and aspirin sold under other brand names, and to report any dramatic price increases to her office.

New York law prohibits merchants from taking unfair advantage of consumers by selling goods or services that are vital to their health, safety, or welfare for an unconscionably excessive price.

When reporting price gouging to OAG, consumers should:
– Report the specific increased prices, the dates, and places that they saw the increased prices, and the types of medication being sold; and,
– Provide copies of their sales receipts and photos of the advertised prices, if available.

New Yorkers should report potential concerns about price gouging to OAG by filing a complaint online or calling 1-800-771-7755.

The Board of Election posted on their website a message saying that any individuals claiming to verify voting information for the November 8, 2022 General Election are not in any way related to or employed by the Chautauqua County Board of Elections.

They said there are reports of a ‘voter integrity’ group going door to door and these individuals are not part of regular election activities.

The Chautauqua County BOE emphasized that all voters who are registered by October 14, as election law specifies, are eligible to vote in the November 8, 2022 General Election.

ID is not required in New York State and proof of identity is your signature comparison at the poll site. If you have moved and not notified the Board of Elections, you can still go to your new poll site where you will be required to vote via Provisional Affidavit Ballot.

State Attorney General Letitia James has also issued guidance to local Boards of Election (BOEs) and law enforcement agencies on how to combat voter intimidation and ensure voters’ rights are protected leading into the November 2022 general election.

Under state and federal law, voter intimidation is illegal.

James also sent guidance to local Board of Elections on managing long lines and supporting voters with disabilities at high traffic poll sites. More than 20% of New Yorkers have a disability.

The Office of the Attorney General cites the following conduct as potentially constituting as illegal voter intimidation:
– Individuals or groups patrolling outside of polling places and trying to scare people out of the voting line;
– Civilians dressing as law enforcement officers and harassing voters at poll sites;
– Poll watchers inside a polling place engaging in aggressive behavior or challenging large groups of voters, leading to long lines and creating false fears that people may be illegally voting;
– Poll watchers standing in the vicinity of privacy booths, standing in unauthorized areas, videotaping and/or photographing voters within the polling place, following or harassing voters in the polling place;
– Individuals spreading false rumors or making false statements that there are negative consequences to voting; and
– Individuals or groups displaying weapons or military uniforms or other military paraphernalia outside of polling locations.

Attorney General James also noted that federal law has determined that voter intimidation includes threatening violence against voters, threatening economic boycotts due to voting, and following voters to poll sites and speaking loudly about prosecuting them for illegal voting.

Additionally, publicly disseminating voters’ names and addresses, or “doxing,” to vilify those individuals or conducting patterns of baseless arrests and prosecutions in the vicinity of voter registration meetings are voter intimidation actions.

The OAG also reminds New Yorkers that the following actions are prohibited under New York state law:
– Requiring an individual to show photo ID to vote;
– State and local employees interfering with or affecting the election;
– Open carry of handguns, or the possession of machine guns and loaded or unloaded assault weapons, as well as the use of firearms or other dangerous instruments to intimidate or harass;
– A member of the United States armed forces preventing, or attempting to prevent, a voter from fully exercising their voting rights through force, threat, intimidation, or advice;
– Groups of people organizing as private militias without permission from the state; and
– Invading the privacy of a voting booth used by a voter.
Additionally, the guidance emphasizes that media and press are allowed to film or take pictures of individuals in the polling place if they have written authorization from BOE and permission from each individual.

New York law does not require the same accommodations for every voter with a disability, so OAG recommends BOEs instruct poll workers to determine the appropriate accommodations on an individualized basis.

New Yorkers who observe any illegal conduct are encouraged to contact OAG’s Election Protection Hotline by calling (866) 390-2992.

Residents also may call the Chautauqua County Board of Elections at 716-753-4580 .

Any emergencies or incidents involving potentially dangerous conduct should be reported to local law enforcement immediately by calling 911.

Letitia James

The Catholic Diocese of Buffalo and New York Attorney General Letitia James have agreed to settle the lawsuit brought against the Diocese in November 2020 related to the past handling of clergy sexual abuse allegations.

According to a release by James’ office, the settlement ensures that the Buffalo Diocese will address complaints of clergy sexual abuse appropriately through a comprehensive court-ordered compliance program that is mandated for five years.

The settlement also establishes mechanisms to protect the public by requiring the Buffalo Diocese to have a formal program to individually monitor credibly accused priests and submit to an independent annual audit of its compliance.

The audits will be conducted by a former senior agent at the Federal Bureau of Investigation (FBI) with expertise in matters of clergy sexual abuse, who has been vetted and approved by the Office of the Attorney General. The auditor will issue annual reports, which will be published on the Buffalo Diocese’s website.

Additionally, Bishop Emeritus Richard Malone and former Auxiliary Bishop Edward Grosz, in their individual capacities, will be banned for life from holding any secular fiduciary role with a charity registered in New York.

Governor Kathy Hochul announces increased funding to support Red Flag Law

The State Attorney General’s Office is receiving $4.6 million to support the state’s Red Flag Law use to prevent gun violence.

Governor Kathy Hochul and Attorney General Letitia James announced the funding comes on the heels of the number ERPOs doubling since the state’s Red Flag Law went into effect in August.

The Red Flag Law, also known as the Extreme Risk Protection Order (ERPO) law, prevents individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm.

It also provides procedural safeguards to ensure that no firearm is removed without due process while helping to prevent tragedies, like the racist mass shooting in Buffalo.

The number of total ERPOs issued have gone from 1,552 between August 25, 2019 and June 1, 2022 to 3,460 as of October 1, 2022. That’s an increase of 1,908 ERPOs.

Hochul and James said the new funding supports State Police efforts to implement the law. They said, currently, troopers make applications to the court for an ERPO on their own, but with the drastic increase in applications, there is a need for consistent legal representation to ensure the process to remove firearms from potentially dangerous individuals works effectively.

The additional $4.6 million will allow the Attorney General’s Office to add dozens of staff positions to represent the State Police and bolster their efforts to obtain these orders.

State Attorney General Letitia James issued a statement Wednesday saying, “I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward. My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”

James said the full act is in effect until a three-judge panel on the Second Circuit decides on the motion to stay.

Governor Kathy Hochul also issued a statement, “The interim administrative stay of the district court’s temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process. My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws.”

On Thursday, October 6, a federal judge temporarily blocked enforcement of parts of the gun law that was enacted in the wake of a Supreme Court decision earlier this summer striking down certain protections.

The law, which went into effect in September, was signed by Hochul as a swift response to the Supreme Court striking down New York’s gun law that required a resident to obtain a license to carry a concealed pistol or revolver in public and demonstrate that “proper cause” existed for the permit.

But the plaintiffs in the case at hand, including at least one individual who wants to carry his firearm in church, argue the state is violating their Second and 14th Amendment rights by denying them the right to self-defense. They have filed for a preliminary injunction in order to eventually prohibit the state from enforcing its new set of laws.

State Senator George Borrello said in response to the federal judge’s ruling last week that it was only a matter of time before the law was struck down, calling the new concealed carry law unconstitutional.