Relates to prohibiting the sale of flavored cigarettes

1 Co-sponsor

• Michael F. Nozzolio

Title of bill

An act to amend the public health law, in relation to prohibiting the sale of flavored cigarettes

Purpose

To prohibit the sale of certain flavored cigarettes.

Summary of provisions

Section 1: Legislative findings and intent;

Section 2: Prohibits the sale of cigarettes which contains an additive that causes the cigarette to have a characterizing flavor. The term characterizing flavor is defined to include, but not be limited to: any fruit, chocolate, honey, candy, mint, cocoa, desert, alcoholic beverage, herb or spice; and specifically excludes tobacco, clove or menthol flavoring. Imposes a civil fine of $500 for each violation.

Justification

The recent proliferation of cigarettes which are marketed as having a flavor imitating foods, candies, deserts, beverages, and spices is a disturbing trend in what some public health officials in Michigan and Massachusetts have called an attempt at marketing cigarettes to children. Nicotine is an addictive drug which is in itself harmful to people's health. Tobacco smoke contains many other additional chemicals known to cause cancer as well as heart and lung disease.

While adults are free to decide to smoke it they wish, it is important for them to be aware of and appreciate the potential long term health effects of smoking before deciding to do so. The law recognizes that children, however, cannot make those kinds of informed decisions, and prohibits the sale of cigarettes to children for this reasons. Unfortunately, cigarettes have proven too attractive for too many children, who have found ways to procure tobacco products. This has left these children addicted to cigarettes before they could appreciate or understand their harm.

Even if flavored cigarettes are not intended to appeal to children, the evidence suggests that such an appeal exists. The suggestion that these flavored cigarettes are priced too high to appeal to children is unconvincing. Once addicted to nicotine and used to tobacco smoke, underage smokers will turn to less expensive types of cigarettes, if doing so is the only way to satisfy their addition. The only solution is for the State to do everything in its power to ensure that these products are not available in New York by prohibiting their sale.

Legislative history

2005 Health Committee 2006 on 3rd Reading (S.1952-A/A.3983-A) 2007-2008 3rd Reading, (S4517-A/A.7368-A.

Fiscal implications

None. Will result in a long term cost-savings to the State and local governments, by reducing the public health effect of tobacco use.

Effective date

180 days after enactment.