New York State Assembly

 
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A05994 Summary:

A05994 Actions:

A05994 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/16/2023AYE/NAY:15/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Excused
Miller
Aye
Burgos
Aye
Blumencranz
Aye
Gallagher
Aye
Beephan
Aye
Rajkumar
Aye
Maher
Aye
Forrest
Aye
Wallace
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Simone
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/31/2023AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Excused
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Aye
Hevesi
Aye
Flood
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/07/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Excused

A05994 Floor Votes:

A05994 Memo:

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.

A05994 Text:

 
                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.