Health Organizations Call for Passage of State Legislation to Restrict the Sale of All Flavored Tobacco Products

African American Tobacco Control Leadership Council

American Cancer Society Cancer Action Network

American Heart Association

American Lung Association

Campaign for Tobacco-Free Kids

NAACP

NYS American Academy of Pediatrics Chapters 1,2 & 3

NYSACHO

NYSPTA

PAVe

For Immediate Release

Health Organizations Call for Passage of State Legislation to Restrict the Sale of All Flavored Tobacco Products

Legislation aims to stop Big Tobacco from hooking our kids on tobacco products, including menthol cigarettes

ALBANY, NY – Oct. 30, 2019 – Health organizations from across New York State are calling for state lawmakers to adopt a comprehensive package of bills to stop the sale of all flavored tobacco products.  Legislation introduced by Senator Brad Hoylman and Assembly Member Rodneyse Bichotte would prohibit the sale of menthol cigarettes and flavored other tobacco products. Legislation introduced by Assembly Member Linda Rosenthal, and also Senator Hoylman, would stop the sale of all flavored e-cigarettes across the state.

Earlier this year, Governor Cuomo announced his intention to support legislation to restrict the sale of flavored e-cigarettes.  In addition, the governor and Department of Health passed an emergency regulation calling for all flavored e-cigarettes to be restricted.  While a temporary restraining order has been issued on the emergency e-cigarette regulation, the groups noted they would be seeking legislation to ensure a permanent solution is put into place.

“Nearly 13% of state residents are still smoking and many were enticed to begin this deadly addiction because of menthol cigarettes.  For decades, menthol has been the ultimate flavor of choice in Big Tobacco’s playbook,” said Julie Hart, NYS senior government relations director of the American Cancer Society Cancer Action Network (ACS CAN).  “As we move forward, it’s critical that we take a comprehensive approach and stop tobacco companies from preying on kids with flavors.”

“Use of tobacco products increases the risk of heart disease and stroke, plain and simple. For too long it’s been too easy for kids to get hooked on these dangerous products,” said Caitlin O’Brien, Government Relations Director, American Heart Association. “The American Heart Association is thrilled to see so much legislative support for this initiative well before the crunch of session. Banning flavored tobacco products including flavored e-cigarettes and menthol cigarettes will prevent youth addiction to deadly tobacco. We thank Senator Hoylman, Assemblymember Rosenthal, and Assemblymember Bichotte for these two bills that will mean a healthier future for New Yorkers. “

Tobacco Companies have a long history of deceptively marketing menthol tobacco products.  Menthol makes it easier to start smoking by masking the harshness of tobacco smoke. Nearly nine out of ten African American smokers use menthol cigarettes. A wealth of research indicates that African American neighborhoods have a disproportionate number of tobacco retailers and more marketing of menthol products

“Smoking kills about 23,000 adult New Yorkers each year, and roughly 35,000 high school students in the state smoke. This is a public health crisis. Big Tobacco companies have gotten away with their predatory business model for far too long, marketing menthol cigarettes and other flavored products to young, low-income or marginalized communities in New York in order to lure them into a lifetime of nicotine addiction—and their plan is working,” said Senator Brad Hoylman. “I’m grateful for the support of my Assembly co-sponsor Rodneyse Bichotte, the NAACP, the American Cancer Society Cancer Action Network, the American Heart Association and other public health advocates who agree it's time to make this change. I look forward to passing these vital bills in the upcoming legislative session.”

“I want to thank the NAACP, the American Cancer Society Cancer Action Network, the Campaign for Tobacco Free Kids, the American Heart Association, and others in supporting our legislation to end the tobacco company’s sale of products targeting the African American community. For too long these tobacco companies have targeted our children, our families, and all of our loved ones. This must stop now!” said Assemblymember Rodneyse Bichotte.

“I was the author of New York State’s first e-cigarette law in 2012 which banned the sale of e-cigarettes to minors, and since then, I have been working to protect New Yorkers against the dangers of e-cigarettes. Taking a page right out of Big Tobacco’s playbook, the e-cigarette industry has been working aggressively to hook a new generation of users on its addictive and dangerous products, marketing flavors like “unicorn poop” to kids and holding their products out as harm reduction,” said Assemblymember Linda B. Rosenthal (D/WF-Manhattan). “If we want to stop the e-cig industry from preying on our young people, as a first step, it’s vital that we pass my legislation to ban the sale of flavored e-cigs, including menthol and mint.”

“For decades, tobacco companies have been preying on Black communities with menthol products,” said Assemblymember Tremaine Wright, Chair of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus.  “Menthol masks the harshness of tobacco, making it easier to start, harder to quit and exacerbating the health disparities that we want to stop.  It’s time to put an end to this predatory practice and stop the sale of all flavored tobacco including menthol cigarettes.”

 “For decades, tobacco companies have shamelessly targeted African Americans with menthol marketing,” said Hazel Dukes, president of the NAACP New York State Conference.  “As a result of this predatory practice, approximately 80 percent of African American smokers use menthol cigarettes.  Every day the menthol loophole is left open, dozens more addicts are made across the state – and they’re mostly black and brown.”

“It’s time to protect New York kids from Big Tobacco and all their flavored tobacco products. The state legislature needs to crack down on the sale of all flavored tobacco products in New York, including flavored e-cigarettes, cigars and menthol cigarettes. The time for waiting is over – the time for action is now,” said Kevin O’Flaherty, Director of Advocacy – Northeast Region, Campaign for Tobacco-Free Kids.

“African Americans have paid the greatest price from the tobacco industry’s predatory marketing tactics.  Tobacco-related diseases, including cancer, heart, disease and stroke, are the leading causes of death of African Americans,” said Dr. Phil Gardiner, Co-Chair of the African American Tobacco Control Leadership Council, a group of Black professionals dedicated to fighting the scourge of tobacco still impacting the African American community today. “Enough is enough.  It’s time to completely eliminate menthol cigarettes and Big Tobacco’s hold over African Americans.”

"Flavored tobacco has been shown to initiate kids to tobacco use and a lifetime of addiction and tobacco-related death and disease. Mint and menthol have proven to be especially effective tools when it comes to recruiting new, young customers to Big Tobacco, with 63.9% of teen e-cigarette users reporting the use of mint and menthol products," said Elizabeth Hamlin, Director of Advocacy for the American Lung Association in New York. "Comprehensive action to take these and other flavored tobacco products off the shelf is a critical step to addressing the current youth e-cigarette epidemic, and towards protecting another generation of children from nicotine addiction."

“We are thrilled to see legislative actions continuing to protect our children,” said Kyle Belokopitsky, Executive Director of NYS PTA. “There is nothing more important than the health and wellness of our children, and this bill is a giant step in the right direction.”

"Pediatricians across the state fully support the proposed ban on the sale of all flavored tobacco products.  Tobacco is addictive, and it sickens and kills people. Why in the world would NYS want to promote tobacco use by young people or even by adults by offering appealing flavors, when tobacco only causes harm,” said Elie Ward, Director of Policy & Advocacy, NYS American Academy of Pediatrics, Chapters 1, 2 & 3.  “Banning all flavored tobacco products will not only help us stem the tide of youth vaping and youth smoking, it might even persuade some adults to quit an addiction that will only make them sick, and perhaps even kill them."

“Local health officials strongly support this legislation as necessary to protect public health. Flavored tobacco products target youth and threaten New York's steady success in reducing tobacco/nicotine use in youth and adults. Menthol product marketing targets women and African-American communities, where use is notably higher. According to the CDC, African-Americans are more likely to die from smoking related illnesses and have higher rates of exposure to second-hand smoke. This legislation will help reduce access to these products which contribute to long-term health disparities in these communities, and will also eliminate a major source of their appeal to the youth market,” said Daniel J. Stapleton, President of NYSACHO and Public Health Director for Niagara County.

“A national grassroots organization founded by 3 New York moms, Parents Against Vaping e-cigarettes, PAVe, is committed to keeping predatory e-cigarette companies, “Big Tobacco 2.0”, away from our kids. Flavors entice children to try the product and prevent them from perceiving danger,” said Dorian Fuhrman, Co-Founder, PAVe - Parents Against Vaping e-cigarettes. “This has led, in large part, to the youth vaping epidemic and the devastating nicotine addiction affecting so many families in New York and around the country. Additionally, kids who vape are four times more likely to smoke combustible cigarettes.”

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