New York Legislator Proposes Ban on Flavored Nicotine Pouches

,
New York ban flavored nicotine pouches

A New York state legislator, Senator Brad Hoylman-Sigal (D-Manhattan), is pushing to ban the sale of flavored nicotine pouches, such as Zyn, despite the federal Food and Drug Administration’s (FDA) endorsement of the product’s potential health benefits in helping smokers cut back or quit cancer-causing cigarettes. Hoylman-Sigal argues that replacing tobacco-laced cigarettes with “highly addictive” nicotine pouches is not the answer and aims to keep these products away from impressionable young kids.

Assemblywoman Linda Rosenthal (D-Manhattan) is introducing a companion bill in the other chamber, having first introduced a version of the bill in 2020. She noted that there is greater awareness about nicotine patches as an alternative to smoking.

FDA Approves Zyn Nicotine Pouches, Citing Potential Benefits for Smokers

In January, the FDA approved 10 flavors of the Zyn brand of nicotine pouches manufactured by Philip Morris International, marking the first time regulators authorized sales of nicotine pouches, which are the fastest-growing sector of the US tobacco market. The FDA cited data showing that Zyn contains fewer harmful ingredients than cigarettes and various types of chewing tobacco, and that a substantial portion of adults who previously smoked switched completely to Zyn.

However, Hoylman-Sigal pointed out that the FDA also warned firms not to market nicotine pouches to youths and that no tobacco product is safe. He emphasized that the proposed bill is targeted at the flavored products most likely to be used by young people, aiming to prevent them from getting hooked on favored Zyn products.

Concerns Raised Over Potential Consequences of a Ban

Opponents of the proposed ban argue that it would hurt local convenience stores and could even boost criminal trafficking in the black market. Jobe Dickinson, president of the Border Security Alliance, warned that banning these products would create a new cash crop for dangerous criminal cartels that will exploit this lucrative market, stretching law enforcement resources even thinner.

The New York Association of Convenience Stores (NYACS) also expressed concerns, stating that removing these products from their members’ shelves would cost them business, hurt state tax revenues, and potentially increase access to children by driving these products to the black market. NYACS President Alison Ritchie emphasized the need to enforce existing laws and argued that a ban would create a lawless “Wild West” with no rules on age restrictions or quality control.

Balancing Public Health Concerns and Adult Smokers’ Choices

Brian Erkilla, director of regulatory science at Philip Morris International, warned of the “unintended consequences” of a ban, including leaving 1.6 million tobacco smokers with fewer alternatives to kick the deadly habit and potentially leading to additional smoking. He argued that smokers should be informed of other options available to them and that their choices should not be taken away.

As the debate over the proposed ban on flavored nicotine pouches continues, policymakers will need to carefully consider the potential benefits and drawbacks of such legislation, balancing public health concerns, particularly regarding youth addiction, with the needs of adult smokers seeking less harmful alternatives to cigarettes.

Matthew Ma
Follow