NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1687
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
packaging, sale and distribution of confectionery and candy designed to
resemble a tobacco product
PURPOSE:
To end the sale of candy cigarettes and decrease the likelihood that
children begin smoking.
SUMMARY OF PROVISIONS:
Section one amends the public health law by adding a new section
1399-mm-4.
Section two sets forth the effective date.
JUSTIFICATION:
The Centers for Disease Control and Prevention (CDC) states that smoking
is the leading cause of preventable death, harms nearly every organ of
the body, and that in 2015, nearly 70% of adult smokers wanted to quit.
Smoking harms millions each year and costs New York State, and the
nation, an enormous amount in health care associated costs.
For years, candy cigarettes and other confectionary products designed to
mimic tobacco products have faded public scrutiny. While this pressure
has resulted in many stores removing these products from their shelves,
they remain legal for sale and can be found on the shelves of some
retailers.
Confectionary or candy products designed to mimic tobacco products are
one of the most glaring examples of tobacco marketing to children. By
attracting children to the idea of smoking, these products can increase
the likelihood that children taking up smoking later in life. Several
countries prohibit the sale of imitation tobacco products such as candy
cigarettes, including Australia, Canada and Thailand and in the U.S.,
St. Paul, MN enacted an ordinance in 2009 banning imitation tobacco
products. This legislation would end the sale of confectionary products
and candy designed to resemble tobacco products in New York State.
LEGISLATIVE HISTORY:
2023-23: A.1652 - Referred to Health; S.3536 - Passed Senate
2021-22: A.10107 - Reported to Codes; S.8700 - Referred to Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
