Requires cigarette and electronic cigarette packaging to include certain warnings as well as a list of ingredients and prohibits the packaging from including certain marketing language that makes it more enticing for minors to buy.
STATE OF NEW YORK
________________________________________________________________________
6074
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring
tobacco products to contain certain items on their packaging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 399 of the general business law,
2 as added by chapter 680 of the laws of 1967, is amended to read as
3 follows:
4 1. (a) On each package of cigarettes sold or delivered by a manufac-
5 turer or distributor within this state after June first, nineteen
6 hundred sixty-six, there shall be printed thereon or attached thereto a
7 warning of the consequences of excessive smoking. Such warning shall be
8 in letters not less than eight point type and in a color in contrast
9 with the package containing the cigarettes, and shall contain the
10 following statement:
11 WARNING
12 "Excessive use is dangerous to health"
13 (b) Each package of cigarettes shall clearly and conspicuously include
14 the following in the same manner as described in paragraph (a) of this
15 subdivision:
16 (i) a full list of ingredients contained in the product, including,
17 but not limited to, nicotine; and
18 (ii) the dangers presented by cigarettes to human health, including,
19 but not limited to, a list of medical side effects caused by the use of
20 cigarettes and any potential long-term medical complications that can
21 arise from the use of cigarettes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11787-01-9
S. 6074 2
1 § 2. The general business law is amended by adding a new section 398-f
2 to read as follows:
3 § 398-f. Electronic cigarette package labeling. 1. Every package
4 containing an electronic cigarette, as defined in subdivision thirteen
5 of section thirteen hundred ninety-nine-aa of the public health law,
6 sold, offered for sale, or otherwise distributed within the state, shall
7 have printed thereon or attached thereto a warning label. Such warning
8 shall be in letters not less than eight point type and in a color in
9 contrast with the package containing the electronic cigarette, and shall
10 contain the following statement:
11 WARNING
12 "Excessive use is dangerous to health"
13 2. Each package containing an electronic cigarette or cigarettes shall
14 clearly and conspicuously include the following in the same manner as
15 described in subdivision one of this section:
16 (a) a full list of ingredients contained in the product, including,
17 but not limited to, nicotine; and
18 (b) the dangers presented by electronic cigarettes to human health,
19 including, but not limited to, a list of medical side effects caused by
20 the use of electronic cigarettes and any potential long-term medical
21 complications that can arise from the use of electronic cigarettes.
22 3. Any language or design present on the packaging of electronic ciga-
23 rettes for the purpose of marketing or enticing potential customers to
24 buy such product shall be prohibited. The packaging shall contain only
25 the name of the product and the warnings required pursuant to this
26 section.
27 § 3. This act shall take effect immediately.
