NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A141A
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to regulating the
sale of oral 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 section 1399-mm-1 of the public health law.
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
most 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 unavailable.
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:
2023-24: A.93 - Referred to Health; S.9150 -Referred to Health
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.
