NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4932
SPONSOR: Rosenthal L
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of any vapor or tobacco products containing the substance N-Ethyl-
This bill prohibits the use of additives intended to create a menthol-
like effect in e-cigarettes and tobacco products.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision one of section 1399-mm-1 of the public
Section two establishes the effective date.
As smoking remains the leading cause of preventable death in the United
States, New York State has taken many steps to protect young people from
becoming addicted to flavored tobacco and e-cigarette products, includ-
ing menthol products.
As more states followed suit, tobacco companies crafted a way to circum-
vent these bans by adding ingredients to their products to create a
"cooling" sensation that mimics menthol. In California, R.J. Reynolds,
the manufacturer of brands like Camel, Newport and Pall Mall, has
switched to using additives that provide the same sensation, though
without mint flavor. Despite not containing any flavor, the packaging
has been designed to give consumers the same impression of "refreshing"
sensation that customers have learned to associated with menthol-fla-
This bill will help to prevent manufacturers from circumventing New
York's law banning the sale of flavored vapor products.
To be determined.
STATE OF NEW YORK
2023-2024 Regular Sessions
February 27, 2023
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of any vapor or tobacco products containing the substance
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 1399-mm-1 of the public health
2 law, as added by section 1 of part EE of chapter 56 of the laws of 2020,
3 is amended to read as follows:
4 1. (a) For the purposes of this section "flavored" shall mean any
5 vapor product intended or reasonably expected to be used with or for the
6 consumption of nicotine, with a distinguishable taste or aroma, other
7 than the taste or aroma of tobacco, imparted either prior to or during
8 consumption of such product or a component part thereof, including but
9 not limited to tastes or aromas:
10 (i) relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
11 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice,
12 or any concept flavor that imparts a taste or aroma that is distinguish-
13 able from tobacco flavor but may not relate to any particular known
14 flavor; or
15 (ii) resulting from the addition of the substance N-Ethyl-p-menthane-
17 (b) A vapor product intended or reasonably expected to be used with or
18 for the consumption of nicotine, shall be presumed to be flavored if a
19 product's retailer, manufacturer, or a manufacturer's agent or employee
20 has made a statement or claim directed to consumers or the public,
21 whether expressed or implied, that such product or device has a distin-
22 guishable taste or aroma other than the taste or aroma of tobacco.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.