What's happening
This bill prohibits the sale of most flavored tobacco and electronic cigarette products in New York, including penalties for violations.
Why it matters
Targets flavored products beyond just e-cigarettes. The bill covers not only electronic cigarettes and their fluids, but also smokeless tobacco and hookah products, closing potential loopholes and broadly restricting flavored options that appeal to youth and new users.
Menthol and tobacco flavors are exempt. By allowing only tobacco and menthol flavors, the legislation distinguishes between flavors believed to be less enticing to young people and those (like fruit and candy flavors) often associated with youth usage.
Significant penalties for violations. The bill establishes steep civil fines ($5,000–$25,000 for a first offense, $10,000–$30,000 for subsequent offenses), signaling a strong enforcement intent that could deter retailers, including online sellers, from breaking the rules.
Aims to reduce youth initiation and health risks. By banning flavors that attract younger users, the bill aims to address public health concerns about nicotine addiction and the long-term health impacts of tobacco and vaping products among minors.
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Who cares
Headline styles
Ban Flavored Tobacco Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Flavored Tobacco Products
In Senate Committee · Health · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4787
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. GALEF -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the sale of certain flavored tobacco and electronic cigarette products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1399-mm-l to read as follows:
§ 1399-mm-l. Flavored tobacco products and flavored electronic cigarette fluid prohibited. 1. No electronic cigarette, fluid or component thereof; no smokeless tobacco product or component thereof; and no tobacco product meant for hookah or component thereof made for sale in the state of New York shall contain, as a constituent (including a smoke constituent) or additive: and artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or electronic cigarette product.
2. The commission may impose a civil penalty of no less than five thousand dollars and no more than twenty-five thousand dollars for a first offense for any retail establishment or internet based business found to be in violation of subdivision one of this section. The commissioner may impose a civil penalty of no less than ten thousand dollars and no more than thirty thousand dollars for a second or subsequent violation within three years following a prior finding of violation.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06557-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.