BILL NUMBER: S8092
SPONSOR: SKOUFIS
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting gifts
or other incentives for the purchase of oral nicotine pouches
PURPOSE:
Prohibits gifts or other incentives for the purchase of oral nicotine
pouches
SUMMARY OF PROVISIONS:
Section 1: Amends section 1399-aa of the public health law, to define An
"oral nicotine pouch" as a a smokeless, pre-portioned pouch containing
nicotine-either from tobacco or synthetic source-along with other ingre-
dients like cellulose, water, flavoring, and sodium carbonate, designed
for oral use.
Section 2: Amends section 1399-bb-1 of the public health law, to prohib-
it Manufacturers, distributors, and retailers from offering gifts,
rewards, or items as incentives for purchasing electronic cigarettes or
oral nicotine pouches.
Section 3: Sets effective date.
JUSTIFICATION:
Nicotine is a highly addictive substance with serious health risks,
particularly for young users. According to the American Lung Associ-
ation, a quarter of oral nicotine pouch users are under 21. Nicotine
use in adolescents can disrupt brain development, impair cognitive func-
tion, and increase the risk of anxiety and depression. Rewards programs
exploit this vulnerability by offering incentives-such as points redeem-
able for products like t-shirts, smart TVs, and grills-for purchasing
e-cigarettes or oral nicotine pouches. Promoted by social media influ-
encers, these programs have become a powerful tool for companies to
attract and retain young customers. While New York State has already
banned rewards programs for e-cigarettes, the same restrictions should
be extended to oral nicotine pouches.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This law shall take effect immediately
Statutes affected: S8092: 1399-aa public health law, 1399-bb-1 public health law, 1399-bb-1(2) public health law