Key Points:
Legislation: A bill under consideration in the state of New York in the United States is proposing to ban most flavored nicotine pouches, except for mint, due to concerns that they may attract minors.
Legislative process: The bill has been included in the agenda of the state legislature's Health Committee, but was withdrawn by the chairman before the vote.
Reason for withdrawal: The FDA just approved some ZYN products, and the committee wants to give the company time to make compliance adjustments. Members believe that some absences of legislators and strong lobbying from the industry led to the withdrawal.
Opposing forces: Philip Morris International (PMI) (ZYN), Swisher (Rogue), RAI Services (Velo), and the convenience store association all expressed opposition, stating that the "ban is ineffective".
Policy outlook: Legislators have indicated that they will reintroduce the bill during the current legislative session, which runs until mid-June.
According to a report by Gothamist on April 17th, a bill in the state of New York aimed at banning flavored nicotine pouches (such as ZYN) has been withdrawn due to strong lobbying efforts by the tobacco industry and regulatory coordination issues, temporarily halting the legislative process.
The bill was introduced by Democratic State Assemblywoman Linda Rosenthal and State Senator Brad Hoylman-Sigal from Manhattan, New York. It aims to ban all flavored nicotine pouch products except mint, such as "coffee" or "citrus" flavors, due to concerns that these products may appeal to minors. Unscented products would still be allowed for sale.
Last week, the bill made its way onto the agenda of the state legislative health committee, a key signal that it was moving closer to being considered by the full legislature. However, just before the vote, committee chair Amy Paulin removed the bill from the agenda.
The official explanation provided by Paulin is that the U.S. FDA recently approved the launch of some ZYN products, but companies are still prohibited from marketing to minors. As a result, the committee has decided to give companies time to make compliance adjustments and will not take action at the state level for the time being.
Rosenthal also pointed out that two key factors contributed to the dismissal of the case:
Firstly, some committee members were absent that day, impacting voting arrangements. Secondly, lobbying pressure from tobacco companies, convenience store industry, and business groups has significantly increased. Organizations opposing the bill include companies such as Philip Morris International (PMI), Swisher International (Rogue), RAI Services (Velo), and the New York State Association of Convenience Stores, representing 1,600 stores statewide.
The president of the association, Alison Ritchie, stated, "The ban is unworkable, and New York should know best. The lawmakers pushing for this ban have become disconnected from the everyday lives of New Yorkers.
Although the process was stalled this time, Rosenthal said he still plans to push the bill again during this legislative session (until mid-June). Previous smoking bans in New York City have been effective: according to the city's health department, the smoking rate among adults in New York City was 22% in 2003 and has since decreased to 8% by 2023.
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