Laws of New York
Tobacco use is the leading cause of preventable death. State and local government regulation of these deadly products is warranted and necessary to prevent consumers from starting tobacco use and support addicted users trying to quit. Accordingly, New York State and its municipalities have enacted measures regulating tobacco product use and sales. These policies foster New York’s tobacco-free norm, and counter tobacco companies’ efforts to present tobacco use as a reasonable and appealing choice.
Click the hyperlinks below to visit our summaries of pertinent laws of New York State and New York City, and visit our resources describing current tobacco controls in the state and progressive local tobacco controls regulating the tobacco retail environment. Our Story Map further reflects relevant local point-of-sale policies enacted in New York State.
New York State Law
Tobacco Controls Enacted through the NYS FY2021 Budget
2019 Executive Actions on E-cigarettes
Adolescent Tobacco Use Prevention Act
Clean Indoor Air Act (regulates tobacco use both indoors and outdoors)
Tax Law (includes dealer registration)
Cigarette Minimum Price Law
Miscellaneous New York State Tobacco Laws
New York State statutes (Click on “PBH” for the Public Health Code.)
For information on bills that have been introduced in the New York State Assembly, visit the Assembly’s website or the State Senate’s website.
New York City Law
Resources:
A Citizen's Guide to New York Tobacco Controls
Guide providing an overview of current federal and New York state tobacco controls, as well as contact information for their appropriate enforcement agencies.
Point of Sale Policy: New York Communities Taking Action
Guide identifying progressive local tobacco controls that limit tobacco industry influence in the retail environment.
Featured Resource
Twitter Feed
New tobacco controls in New York State will go a long way to prevent youth tobacco use and help addicted smokers quit. Yet according to advocates, to combat health disparities, NY "needs to stop the sale of all flavored tobacco products." https://www.wamc.org/post/anti-smoking-advocates-hail-new-tobacco-laws-took-effect-july-1st-new-york
A new review of the (substantial) literature on the harms of menthol cigarettes found that 11-45% of current U.S. menthol smokers may quit smoking in response to a menthol cigarette ban, while 15-30% of menthol smokers may switch to e-cigarettes. https://www.eurekalert.org/pub_releases/2020-07/bc-mcb070620.php
A DC Circuit Court has struck down the cigar warnings proposed as part of the FDA's 2016 deeming rule. Some cigar companies are under court order to display warnings on their packaging, but others continue to sell products with no warnings of health harms. https://www.courthousenews.com/tobacco-groups-win-court-challenge-to-fda-warnings/