NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A93
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
distribution without charge or sale of flavored nicotine pouches
PURPOSE:
To discourage youth use of nicotine products by prohibiting the sale and
distribution of flavored products.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 1399-aa of the public health law by adding a
new subdivision 19.
Section two amends section 1399-bb of the public health law.
Section three amends the public health law by adding a new section
1399-mm-4. Section four amends subdivision 1 of section 1399-ff of the
public health law. Section five establishes the effective date.
JUSTIFICATION:
Flavors have long been used by tobacco companies to target youth and
create lifelong customers. As the use of combustible cigarettes contin-
ues to decline, tobacco companies have worked to promote new flavored
products, marketing them toward young people with "fun" flavors and
colorful packaging. Use of these products can lead to mouth cancer, gum
disease and tooth loss.
In 2009, a federal ban was implemented on the sale of flavored ciga-
rettes and in 2020, New York State banned flavored electronic ciga-
rettes. As we reduce the availability of flavored tobacco and vaping
products, we must include flavored nicotine pouches. These small pouch-
es, which resemble chewing gum, contain nicotine and are placed between
one's upper lip and gum, releasing nicotine and flavoring. The pouches
are small and discreet, allowing young people to use them without being
detected. Similar to e-cigarettes, they are not recognized by the Food
and Drug Administration as a smoking cessation device.
Brands such as Zyn, Dryft and Rogue, many of which are owned by tobacco
companies, sell nicotine pouches in a variety of flavors including honey
lemon, mango, coffee, citrus, and black cherry. Data shows that the
majority of youth users of tobacco and vaping products are initiated
through flavored products and experts warn that youth will begin seeking
out flavored nicotine pouches as other flavored products become unavail-
able. Despite being tobacco-free, these products remain highly addictive
and are particularly dangerous for young people whose brains are still
developing. New York State must continue to reduce the availability of
all flavored tobacco, vaping and nicotine products.
LEGISLATIVE HISTORY:
2021-22: A.679 - Referred to Health
2019-20: A.10732 - Referred to Health
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
