Relates to the prohibition of the sale of flavored little cigars

Summary of provisions

Section 1 of the bill amends the public health law by adding a new section 1399-cc-1. Subdivision 1 of this new section prohibits the sale of little cigars and cigarillos that contain a natural or artificial constituent or additive that causes them to have a characterizing flavor. Subdivision 2 of this new section provides a definition for "characterizing flavor." Subdivision 3 of this new section provides that these provisions shall not apply to a retail tobacco business, provided that such business does not admit persons under the age of eighteen.

Section 2 of the bill amends subdivision 2 of section 470 of the tax law to include "cigarillo" within the definition of "tobacco products." This section of the bill also adds a new subdivision 2-c to section 470 of the tax law to provide a definition for "cigarillo."

Section 3 of the bill amends subdivision 19 of section 470 of the tax law to provide that "cigar" shall also include any "cigarillo" unless expressly excluded.

Section 4 provides the effective date.

Justification

A recent report issued by the Centers for Disease Control and Prevention (CDC), which was based on data from the 2011 National Youth Tobacco Survey, showed that more than 40% of middle and high school students who smoke used flavored little cigars, cigarillos or cigarettes. Even more troubling, nearly 60% of those who smoke such products say they have no plans to quit (compared to 49% of all other cigar smokers). Citing the appeal to kids as justification, in 2009 the federal "Family Smoking Prevention and Control Act" banned the sale of cigarettes containing any flavor except menthol Little cigars and cigarillos containing the same flavors, however, where not covered.

As with cigarette smoke, cigars contain numerous toxic and cancer-causing chemicals that are harmful to both smokers and nonsmokers alike, and may even be more dangerous than cigarettes. Research conducted by the National Cancer Institute has shown that cigar smoke contains a higher level of cancer-causing substances, more tar and more and higher concentrations of toxins than cigarettes. Cigar smoking has been shown to cause a variety of cancers, including those of the oral cavity, larynx, esophagus and lung, and may also cause cancer of the pancreas Daily cigar smokers have also been shown to be at increased risk for developing heart disease and other types of lung disease.

Although tobacco use among kids has declined over the past few decades, the 2011 data shows that 13.1% of kids still report smoking

cigars, which are becoming increasingly popular. In fact, from 1997 to 2007, cigar sales increased by 240%, with flavored cigars accounting for about 80% of those sales. Compounding the problem, although they are very similar to cigarettes, little cigars and cigarillos are not regulated in the same way. These products can be purchased in smaller packs than cigarettes, and in many cases individually. Also, little cigars and cigarillos are taxed at a much lower rate than cigarettes, making them far more affordable for children.

It has been clearly shown that added flavors - chocolate, vanilla, various fruits, bubblegum, etc. - strongly appeal to youth, in part by masking the harshness and taste of tobacco. Given the fact that nearly 88% of adult smokers say they started smoking before the age of 18, New York should do all that it can to prevent kids from obtaining these products.

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.