BILL NUMBER: S536

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to research and
misrepresentations of electronic cigarettes; and to amend the public
health law, in relation to restricting certain advertisement and
promotion of electronic cigarettes

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the suppression of research into the health consequences of
electronic cigarette use and the misrepresentation of facts regarding
health consequences; and to prohibit the promotion of electronic ciga-
rettes by banning the marketing of them on any item other than electron-
ic cigarettes, banning gift offers with the purchase of electronic ciga-
rettes, and banning electronic cigarette brands from sponsoring sports,
arts, or social events.

 
SUMMARY OF PROVISIONS:

              

Section 1 of the bill amends the general business law by adding a new
article 24-D.

Subdivision 1 of section 375 states that provisions in contracts that
prohibit or suppress research into the health consequences of the use of
e-cigarettes are void.

Subdivision 2 of section 375 bars manufacturers, distributors, and
retailers of e-cigarettes from misrepresenting any facts regarding the
health consequences of the use of e-cigarettes while engaging in manu-
facturing, selling, advertising, marketing or otherwise distributing
e-cigarettes.

Subdivision 3 of section 375 states the penalty for entities that
violate any provisions of article 24-D can be subject to a maximum civil
penalty of five hundred dollars per offense and that such penalties may
be recoverable by the Attorney General or an enforcement authority
designated by a municipality or political subdivision.

Section 2 of the bill amends the public health law by adding a new
section 1399bb-1.

Subdivision 1 of section 1399-bb-1 states that manufacturers and
distributors of e-cigarettes cannot market, license, distribute, sell or
cause to be marketed, licensed, or sold any item or service other than
an e-cigarette that bears or can be identified with a brand of e-cigar-
ette.

Subdivision 2 of section 1399-bb-1 prohibits manufacturers, distribu-
tors, or retailers from offering or seeking to offer any gift or item
with the purchase of an e-cigarette.

Subdivision 3 of section 1399-bb-1 prohibits manufacturers, distribu-
tors, and retailers from sponsoring sports, arts, or social events
unless the corporation sponsoring such an event does so using its name
and not in connection to any specific e-cigarette brand.

Section 3 of the bill states the effective date, which is the first day
of January succeeding the date on which this bill becomes a law.

 
JUSTIFICATION:

Modern electronic cigarettes (e-cigarettes) entered the U.S.  market-
place around 2007, and include a diverse group of devices that allow
users to inhale an aerosol, which typically contains nicotine,
flavorings, and other additives. These products have been marketed as a
means to quit the smoking of traditional combustible cigarettes and
potentially other tobacco products. According to the Centers for Disease
Control and Prevention (CDC), about 4% of adult Americans (9 million
people), regularly use e-cigarettes. About half of adults who use e-ci-
garettes also smoke traditional cigarettes.

Proponents of e-cigarettes tout that their usage is less dangerous than
smoking combustible cigarettes because their aerosol generally contains
fewer harmful chemicals than the deadly mix of 7,000 chemicals in smoke
burned from regular cigarettes. Claims such as these have contributed to
e-cigarettes becoming the most popular product used by smokers in the
U.S. who are seeking help to quit, ahead of all U.S. Food and Drug
Administration (FDA)-approved cessation aids put together, including the
nicotine patch, nicotine gum and prescription medications. However,
there is also research which suggests that the use of e-cigarettes to
quit smoking is ineffective. In 2018, a report from the National Acade-
mies of Science, Engineering, and Medicine concluded that there was
limited evidence to support the notion that e-cigarettes helped individ-
uals stop smoking cigarettes. Although there is still debate on the
effects of these products, what remains true is that research is uncer-
tain on whether e-cigarettes, in general, increase smoking cessation;
and that more research is needed to determine whether e-cigarettes are
effective for quitting smoking and have negative health consequences
upon their users.

Furthermore, much of the e-cigarette industry's growth in recent years
has been due to the increase of adolescent use of the product.  Accord-
ing to a 2019 National Youth Tobacco Survey report, e-cigarette usage
has more than doubled among high school students (from 11.7% to 27.5%)
and tripled among middle school students (from 3.3% to 10.5%) from 2017
to 2019. Most adolescents are not using e-cigarettes for smoking cessa-
tion. Rather, these adolescents are being enticed to try e-cigarettes
because of the industry's youth marketing tactics.  Advertising geared
toward young people has increased substantially since 2011, coinciding
with the increase in e-cigarette sales. These advertisements appear in
retail stores, newspapers, magazines, movie theatres, special events,
and on the internet. According to the CDC, about 70% of adolescents have
been exposed to these advertisements.

The CDC recommends that state governments limit adolescent exposure to
e-cigarette marketing to reduce use among this population. This bill
utilizes the CDC's approach, by prohibiting the suppression of research
and misrepresentation of electronic cigarettes, and by restricting
certain advertisement and promotion of these products. New York must
protect everyone, but especially its youth population, from overexposure
to a product whose long-term effects are unknown and has the potential
to be harmful to their health.

 
PRIOR LEGISLATIVE HISTORY:
2021-22: S.778-A (Thomas) / A.6989 (Darling - Passed Senate.

2019-20: S.5056 (Thomas) / A.8141 (Darling) - Referred to Consumer
Protection.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.