NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5994B
SPONSOR: Darling
 
TITLE OF BILL:
An act to amend the general business law, in relation to research relat-
ing to electronic cigarettes; and to amend the public health law, in
relation to restricting certain advertisement and promotion of electron-
ic cigarettes
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the suppression of research into the health consequences of
electronic cigarette use; and to prohibit the promotion of electronic
cigarettes by banning the marketing of them on any item other than elec-
tron-is cigarettes,-banning gift offers with the purchase of electronic
cigarettes, and banning electronic cigarette brands from sponsoring
sports, arts, or social events.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general business law by adding a new
article 24-D.Subdivision 1 of section 375 states that provisions in
contracts that prohibit or suppress research into the health conse-
quences of the use of e-cigarettes are void. Section 2 of the bill
amends the public health law by adding a new section 1399 bb-1. Subdi-
vision 1 of section 1399-bb-1 states that manufacturers and distributors
of e-cigarettes cannot market, license, distribute, sell or cause to be
marketed, licensed, or sold any item or service other than an e-cigar-
ette that bears or can be identified with a brand of e-cigarette Subdi-
vision 2 of section 1399-bb-1 prohibits manufacturers, distributors, or
retailers from offering or seeking to offer any gift or item with the
purchase of an e-cigarette. Subdivision 3 of section 1399-bb-1 prohib-
its manufacturers, distributors, and retailers from sponsoring sports,
arts, or social events unless the corporation sponsoring such an event
does so using its name and not in connection to any specific e-cigarette
brand.Section 3 of the bill states the effective date, which is the
first day of January succeeding the date on which this bill becomes a
law.
 
JUSTIFICATION:
Modern electronic cigarettes (e-cigarettes) entered the U.S. market-
place around 2007, and include a diverse group of devices that allow
users to inhale an aerosol, which typically contains nicotine,
flavorings, and other additives. These products have been marketed as a
means to quit the smoking of traditional combustible cigarettes and
potentially other tobacco products. According to the Centers for Disease
Control and Prevention (CDC), about 4% of adult Americans (9 million
people), regularly use e'-cigarettes. About half of adults who use e-ci-
garettes also smoke traditional cigarettes. Proponents of e-cigarettes
out that their usage is less dangerous than smoking combustible ciga-
rettes because their aerosol generally contains fewer harmful chemicals
than the deadly mix of 7,000 chemicals in smoke burned from regular
cigarettes. Claims such as these have contributed to e-cigarettes becom-
ing the most popular product used by smokers in the U.S. who are seeking
help to quit, ahead of all U.S. Food and Drug Administration
(FDA)-approved cessation aids put together, including the nicotine
patch, nicotine gum and prescription medications. However, there is
also research which suggests that the use of e-cigarettes to quit smok-
ing is ineffective. In 2018, a report from the National Academies of
Science, Engineering, and Medicine concluded that there was limited
evidence to support the notion that e-cigarettes helped individuals stop
smoking cigarettes. Although there is still debate on the effects of
these products, what remains true is that research is uncertain on
whether e-cigarettes, in general, increase smoking cessation; and that
more research is needed to determine whether e-cigarettes are effective
for quitting smoking and have negative health consequences upon their
users. Furthermore,.much of the e-cigarette industry's growth in recent
y ears has been due to the increase of adolescent use of the product.
According to a 2019 National Youth Tobacco Survey report, e-cigarette
usage has more than doubled among high school students (from 11.7% to
27.5%) and tripled among middle school students (from 3.3% to 10.5%)
from 2017 to 2019. Most adolescents are not using e-cigarettes for smok-
ing cessation. Rather, these adolescents are being enticed to try e-ci-
garettes because of the industry's youth marketing tactics. Advertising
geared toward young people has increased substantially since 2011, coin-
ciding with the increase in e-cigarette sales. These advertisements
appear in retail stores, newspapers, magazines, movie theaters, special
events, and on the Internet. According to the CDC, about 70% of adoles-
cents have been exposed to these advertisements. The CDC recommends
that state governments limit adolescent exposure to e-cigarette market-
ing to reduce use among this population. This bill utilizes the CDC's
approach, by prohibiting the suppression of research and misrepresen-
tation of electronic cigarettes, and by restricting certain advertise-
ment and promotion of these products. New York must protect everyone,
but especially its youth population, from overexposure to a product
whose longterm effects are unknown and has the potential to be harmful
to their health.
 
PRIOR. LEGISLATIVE HISTORY:
2021: S.0778-A (Thomas)Passed Senate / A.06989 (Darling.) Referred to
consumer affairs and protection
2020: 5.5056 (Thomas) / A.8141. (Darling) Referred to Consumer
Protection.
2019: S.5056 (Thomas) / A.8141 (Darling) Committed to Rules.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to state or local governments.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
5994--B
2023-2024 Regular Sessions
IN ASSEMBLY
March 30, 2023
___________
Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee on Consumer Affairs and Protection -- reported and referred to the
Committee on Codes -- reported and referred to the Committee on Rules
-- Rules Committee discharged, bill amended, ordered reprinted as
amended and recommitted to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the general business law, in relation to research relat-
ing to electronic cigarettes; and to amend the public health law, in
relation to restricting certain advertisement and promotion of elec-
tronic cigarettes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 24-D to read as follows:
3 ARTICLE 24-D
4 RESEARCH RELATING TO ELECTRONIC CIGARETTES
5 Section 375. Research relating to electronic cigarettes.
6 § 375. Research relating to electronic cigarettes. Any provision or
7 restriction in a contract or other agreement relating to the development
8 of electronic cigarettes and products relating to their use including,
9 but not limited to, components of such devices, heretofore or hereafter
10 made or entered into, which limits, restrains, prohibits or otherwise
11 provides for the suppression of research into the health consequences of
12 the use of electronic cigarettes, is hereby declared to be void as
13 against public policy and wholly unenforceable.
14 § 2. The public health law is amended by adding a new section
15 1399-bb-1 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01874-05-3
A. 5994--B 2
1 § 1399-bb-1. Promotions prohibited. 1. No manufacturer and no
2 distributor of electronic cigarettes shall market, license, distribute,
3 sell, or cause to be marketed, licensed, distributed, or sold any item
4 (other than electronic cigarettes, including parts, components or acces-
5 sories of electronic cigarettes) or service, which bears the brand name
6 (alone or in conjunction with any other word), logo, symbol, motto,
7 selling message, recognizable color or pattern of colors, or any other
8 indicia of product identification identical or similar to, or identifi-
9 able with, those used for any brand of electronic cigarette. This subdi-
10 vision shall not apply to a retailer's point of sale promotional materi-
11 als for electronic cigarettes.
12 2. No manufacturer, distributor, or retailer may offer or cause to be
13 offered any gift or item to any person purchasing electronic cigarettes
14 in consideration of the purchase thereof.
15 3. No manufacturer, distributor, or retailer may sponsor or cause to
16 be sponsored any athletic, musical, artistic, or other social or
17 cultural event, or any entry or team in any event, in the brand name
18 (alone or in conjunction with any other word), logo, symbol, motto,
19 selling message, recognizable color or pattern of colors, or any other
20 indicia of product identification identical or similar to, or identifi-
21 able with, those used for any brand of electronic cigarette. Nothing in
22 this subdivision prevents a manufacturer, distributor, or retailer from
23 sponsoring or causing to be sponsored any athletic, musical, artistic,
24 or other social or cultural event, or team or entry, in the name of the
25 corporation which manufactures the electronic cigarettes, provided that
26 the corporate name does not include any brand name (alone or in conjunc-
27 tion with any other word), logo, symbol, motto, selling message, recog-
28 nizable color or pattern of colors, or any other indicia of product
29 identification identical or similar to, or identifiable with, those used
30 for any brand of electronic cigarettes.
31 § 3. This act shall take effect on the first of January next succeed-
32 ing the date on which it shall have become a law.