What's happening
This bill bans the sale of most flavored tobacco and electronic cigarette products in New York, with penalties for violations.
Why it matters
Targets youth tobacco use. By banning flavored tobacco and e-cigarette products (except tobacco and menthol flavors), the bill seeks to curb the appeal of these products to young people, who are shown by research to be more likely to start using tobacco through flavored varieties.
Broad scope of products covered. The prohibition extends beyond just e-cigarettes to include all smokeless tobacco, hookah tobacco, and components thereof, making it a comprehensive measure against flavored nicotine products.
Substantial penalties for businesses. Retailers and internet-based sellers face significant financial penalties—up to $25,000 for a first violation and $30,000 for repeat offenses within three years—creating a strong deterrent and signaling serious enforcement intent.
Potential public health impact. By restricting access to flavored products, the bill could reduce nicotine addiction rates and related health risks, but may also prompt debate on impacts for adult users who prefer flavored products or use them as alternatives to traditional smoking.
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Who cares
Headline styles
Ban Flavored Tobacco Products
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1181
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. CARLUCCI, MAYER -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to prohibiting the sale of certain flavored tobacco and electronic cigarette products
Purpose
The purpose of this legislation is to prohibit flavors in tobacco and electronic cigarette products.
Summary of provisions
Section one amends the public health law by adding a new section 1399-mm-1 to prohibit the sale of flavored tobacco and electronic ciga- rette products. It establishes fines and penalties for failure to comply.
Section two is the effective date.
Justification
There are more than 7,700 flavors of e-cigarettes currently on the market. Many of these flavors appeal directly to children. E-cigarette consumption is dramatically rising among the youth in New York, the majority of whom use a flavored product. When flavored cigarettes were banned in 2009, smoking by young people declined. It is our intention that this bill will have a similar effect.
Legislative history
2017-18: S8278 - HEALTH
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.