Restriction on Sale of Flavored Tobacco Products

New York City Administrative Code §17-715

While the 2009 Family Smoking Prevention and Tobacco Control Act prohibits the sale of flavored cigarettes (with the exception of menthol), it does not restrict the sale of other tobacco products with characterizing flavors. To fill that loophole, in October of 2009 the New York City Council enacted a law restricting the sale of flavored tobacco products (excepting menthol-flavored products) to registered tobacco bars. Manufacturers of smokeless tobacco products challenged the law, but the Second Circuit Court of Appeals upheld it in 2013.

Penalties

$500 for first violation

$500 for each additional violation the same day

Not more than $1000 for second violation within 2-year period;

Not more than $1000 for each additional violation found on that day

Not more than $2000 for the third and all subsequent violations within a 2-year period.

Additional penalty includes loss of cigarette license for third violation (on different days) within 2 year period.

Enforcement

The Departments of Health and Mental Hygiene and Consumer Affairs may enforce the provisions of this law.