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Public Health Advocacy Institute

at Northeastern University School of Law

360 Huntington Avenue, 117CU

Boston, MA 02115

tobacco@tobaccopolicycenter.org

You are here: Home > Tobacco Control > Laws of New York > Restriction on Sale of Flavored Tobacco Products

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. The law does not apply to flavored cigarettes (already prohibited by federal law) or flavored e-cigarettes (not prohibited). Manufacturers of smokeless tobacco products challenged the law, but the Second Circuit Court of Appeals upheld it in 2013.

Tobacco bars are businesses that, in the calendar year ending December 31, 2001, generated 10percent or more of their total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the Department of Health and Mental Hygiene in accordance with the rules of DOHMH.

Currently, the New York City Council is considering two bills that may further restrict the sale of flavored tobacco products: 

  • Int. No. 1362 would restrict the sale of flavored electronic cigarettes to registered tobacco bars
  • Int. No. 1345 would close the loophole for menthol-flavored products, thereby restricting menthol-flavored products of all types to registered tobacco bars

This page will be updated with the status of these bills.

Penalties

  • $1000 for first violation
  • $1000 for each additional violation the same day
  • Not more than $2000 for second violation within 2-year period;
  • Not more than $2000 for each additional violation found on that day
  • Not more than $5000 for the third and all subsequent violations within a 2-year period.
  • Additional penalty includes loss of retail dealer license for third violation (on different days) within 2 year period.

Enforcement
The Department of Health and Mental Hygiene, the Department of Finance, and the Department of Consumer Affairs may enforce the provisions of this law.

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