Prohibits the sale of any vapor or tobacco products containing the substance N-Ethyl-p-menthane-3-carboxamide, which creates a cooling sensation similar to menthol.
STATE OF NEW YORK
________________________________________________________________________
1709
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of any vapor or tobacco products containing the substance
N-Ethyl-p-menthane-3-carboxamide
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1399-mm-1 of the public health
2 law, as added by section 1 of part EE of chapter 56 of the laws of 2020,
3 is amended to read as follows:
4 1. (a) For the purposes of this section "flavored" shall mean any
5 vapor product intended or reasonably expected to be used with or for the
6 consumption of nicotine, with a distinguishable taste or aroma, other
7 than the taste or aroma of tobacco, imparted either prior to or during
8 consumption of such product or a component part thereof, including but
9 not limited to tastes or aromas:
10 (i) relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
11 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice,
12 or any concept flavor that imparts a taste or aroma that is distinguish-
13 able from tobacco flavor but may not relate to any particular known
14 flavor; or
15 (ii) resulting from the addition of the substance N-Ethyl-p-menthane-
16 3-carboxamide.
17 (b) A vapor product intended or reasonably expected to be used with or
18 for the consumption of nicotine, shall be presumed to be flavored if a
19 product's retailer, manufacturer, or a manufacturer's agent or employee
20 has made a statement or claim directed to consumers or the public,
21 whether expressed or implied, that such product or device has a distin-
22 guishable taste or aroma other than the taste or aroma of tobacco.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04662-01-5