ACS CAN Reacts to Budget Measure Aimed at Curbing Tobacco Use

April 2, 2020

ALBANY, NY – Governor Cuomo and the New York State Legislature’s final budget includes a package aimed at reducing tobacco use, including flavored e-cigarettes. The final budget language:

  • Restricts the sale of flavored e-cigarettes. This proposal restricts the sale of flavored e-cigarettes, except for flavored e-cigarettes that have received a premarket review order from the FDA.  To date, no flavored e-cigarette has received a marketing order from FDA.
  • Stops the sale of all tobacco products including e-cigarettes in pharmacies.
  • Stops Big Tobacco from undermining the state’s tobacco taxes by prohibiting the redemption of coupons for tobacco products, including e-cigarettes.

New York State Senior Government Relations Director Julie Hart released the following statement:

“While it is good to see New York taking steps to stop tobacco use, including e-cigarettes, clearly Big Tobacco had some sway in the budget process and weakened the final proposal. 

“Flavored tobacco products are used by the tobacco industry to lure kids into a lifetime of addiction. Big Tobacco uses menthol flavored tobacco products to shamelessly target communities of color. Big Tobacco also targets LGBTQ communities and low socioeconomic neighborhoods with flavored tobacco products of all varieties. It is crucial that further action is taken to end the sale of all flavored tobacco products including menthol cigarettes.

“E-cigarettes are creating a new generation of tobacco addicts. We know flavors entice kids to start. If and when a flavored e-cigarette product receives a marketing order from FDA, New York, in addition to the FDA, must monitor the effects of having that product on the market to ensure it is not continuing to fuel the youth epidemic of e-cigarette use.

“Given that New York hasn’t raised cigarette taxes in 10 years, we’re disappointed the final budget doesn’t include a cigarette tax increase.

“We thank Governor Cuomo and our legislative champions including Senator Brad Hoylman and Assembly Members Linda Rosenthal and Rodneyse Bichotte for standing up to Big Tobacco.  We are committed to continuing to work with them to restrict the sale of all flavored tobacco products.”




The American Cancer Society Cancer Action Network (ACS CAN) is making cancer a top priority for public officials and candidates at the federal, state and local levels. ACS CAN empowers advocates across the country to make their voices heard and influence evidence-based public policy change as well as legislative and regulatory solutions that will reduce the cancer burden. As the American Cancer Society’s nonprofit, nonpartisan advocacy affiliate, ACS CAN is critical to the fight for a world without cancer. For more information, visit

Media Contacts

Marc Kaplan
Senior Regional Media Advocacy Manager
Albany, NY