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NY – SB 7506 – The NY State Assembly passed a budget bill banning flavored e-cigarettes (including menthol) signed by Governor Andrew Cuomo in early April 2020.
Th bill includes an exemption for products that have been (or will be given) a Premarket Tobacco Product Applications (PMTA) authorization by the FDA. Ban will take ALL flavored e-cigs off the market quickly, and hopefully the FDA will not grant a marketing authorization to many (if any) flavors in the future.
• Bans the sale of flavored e-cigarettes, with an exemption for PMTA authorized products. No sunset on the exemption.
• Ban on couponing and discounting for all tobacco products
• Ban on transport for vaping products (brings in line with current prohibitions/requirements re: cigarettes)
• Ban on sales of all tobacco products in pharmacies
• Ban on the exterior window display of all tobacco products or advertising for same within 1500 feet of a school (500 feet in NYC)
• Bans free distribution of vapor products (bringing in line with current regulations regarding cigarettes and OTP, allows organized events in a similar fashion to current law with cigars, etc)
• Requires Ingredient disclosure on vapor products
• Increased reporting on license holders and violations for tobacco/vaping retailers
• Officially adds vaping/e-cigarette use as a focus of the tobacco control program. They have been doing this anyway but this makes it more official.
• The regulation on flavors goes into effect on May 19. The rest of the bill’s provisions will be enforced beginning July 1st.
New York the 17th state to pass statewide Tobacco 21!
On November 13, 2019, Gov. Andrew M. Cuomo signed the Tobacco 21 bill into law, which raised the legal sales age for tobacco products to 21.
Championed by Mayor Michael Bloomberg, the law was an unprecedented and exemplary move by such a large city. The nation immediately took notice, and since dozens of large cities have followed suit. By 2018, 22 municipalities in New York had also raised their tobacco and nicotine age, covering 75% of the state. The state also has the highest per pack tax in the nation, at $4.35, which likely also contributes to their well below national average rate of high school smoking, and representative national average rate of adult smoking.
Unfortunately, the state only spends 20.9% of the CDC recommended amount on tobacco prevention. An estimated 280,000 children now under the age of 18 will eventually die early due to smoking, with 6,900 children becoming daily smokers each year. The result is an annual health care cost of $10.39 billion that is directly caused by smoking, and an additional $7.33 billion in lost productivity.
There is no preemption language present in state law keeping localities from raising the Minimum Legal Sales Age (MLSA) to 21. Local governments are free to enact ordinances to better protect their kids from addiction. It has been our experience that the most powerful incentive for the state legislature to act is the initiative of local citizens and governmental leaders.
For More Information, Please Contact:
- Karen Blumenfeld
- Global Advisors on Smokefree Policy (GASP)
- Executive Director
- Shannon Quinby
- Tobacco 21
- Eastern Regional Director
- Kevin O’Flaherty
- Tobacco Free Kids
- Played a direct role in shaping NYC’s historic T21 legislation.
Director Northeastern Region
- Kevin Schroth
- NYC Department of Health
- New York Tobacco 21 Local Partner
Other Helpful Resources:
Tobacco Free Kids New York
The Campaign for Tobacco-Free Kids is a leading force in the fight to reduce tobacco use and its deadly toll in the United States and around the world. Our vision: A future free of the death and disease caused by tobacco.
American Lung Association State Report Card
The ALA ‘State of Tobacco Control’ report tracks progress on key tobacco control policies at the state and federal levels, and assigns grades based on tobacco control laws and regulations in effect as of January 2, 2014.
SLATI State Information New York
SLATI (State Legislated Actions on Tobacco Issues) is an extensively researched and invaluable source of information on tobacco control laws and policy, and is the only up-to-date and comprehensive summary of state tobacco control laws.