BILL NUMBER: S4854
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
packaging, sale and distribution of confectionery and candy designed to
resemble a tobacco product
 
PURPOSE:
To remove tobacco-like candies from circulation, thus decreasing the
likelihood that young children take up smoking.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the public health law by adding a new section,
1399-mm-4, to prohibit the packaging, sale, and distribution of candies
or confectionery designed to resemble tobacco products. Violation of
these provisions will result in a civil fine of at least one hundred
dollars and no more than five hundred dollars.
Section 2: Sets Effective Date.
 
JUSTIFICATION:
The Centers for Disease Control and Prevention (CDC) states that smoking
is the leading cause of preventable death, and it harms nearly every
organ of the body and that in 2015, nearly 70% of adult smokers wanted
to stop. Smoking continues to sicken millions more and costs the nation
and New York State significant amounts of money in health care bills
each year.
For years, candy cigarettes and other confectionary products designed to
mimic tobacco has faced public pressure and criticism. This public pres-
sure rightfully influenced the market and removed these products from
many convenience stores in the state. Still, despite their decline in
popularity, they remain legal for sale and are still on the shelves of
some local stores. These candies are a thing of the past and should no
longer be available to children and young adults.
Confectionary or candy products designed to mimic tobacco products are
one of the most glaring examples of marketing tobacco use to our youth.
These products can increase the likelihood of young children and teens
to take up smoking later in life. Several countries, including Austra-
lia, Canada, and Thailand, prohibit the sale of imitation tobacco
products such as candy cigarettes. In the United States, St. Paul,
Minnesota, enacted an ordinance 2009 banning imitation tobacco products.
It's time to make it official and ban the sale of these deceptive
products in our state.
 
LEGISLATIVE HISTORY:
Senate
2021: S8700A, Referred to Health
2022: S8700A, Amend and Recommit to Health
2023: S3536, Referred to Health
2024: S3536, Passed Senate
Assembly
2021: A10107, Reported to Health
2022: A10107, Reported Referred to Codes
2023: A1652, Referred to Health
2024: A1652, Referred to Health
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next, succeeding the
date on which it shall have become law.