Assembly Bill A777

                                BILL NUMBER:A777A

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting the sale of flavored cigarettes

PURPOSE: To prohibit the sale of certain flavored cigarettes.

SUMMARY OF PROVISIONS: Section one provides legislative findings and
intent.

Section two amends article 13-F of the public health law by adding a new
section 1399-aaa that provides that the sale of cigarettes which contain
a natural or artificial component or an additive that causes the ciga-
rette to have a characterizing flavor is prohibited. The term character-
izing flavor is defined to include, but not be limited to any fruit,
chocolate, honey, candy, mint, cocoa, desert, alcoholic beverage, herb
or spice. Flavors of tobacco, menthol, and clove are not prohibited,
Section two also provides that civil penalties shall be imposed for
violations of such law.

Section three provides the effective date.

JUSTIFICATION: The recent proliferation of cigarettes that contain
flavors imitating foods, candies, deserts, beverages, and spices is not
only a disturbing trend but an obvious attempt to market cigarette's to
children. Nicotine is an addictive substance which leads to heart
              

disease, lung disease, and cancer. The cost of treating tobacco related
diseases impacts individuals, their families and the state. According to
the Campaign for Tobacco-Free Kids, Cigarette smoking kills more than
400,000 Americans and costs the nation more than $96 billion in health
care every year. Yet, tobacco use is the leading preventable cause of
death in the United States.

While adults are free to decide to smoke if they wish, the law recog-
nizes that children cannot make informed decisions and therefore,
prohibits the sale of cigarettes to them. Unfortunately, flavored ciga-
rettes are attractive to many children who find ways to purchase them.
Children often become addicted to cigarettes before they can appreciate
their harm.

In October 2006, the leading manufacturer of tobacco products in the
U.S., the R,J, Reynolds Tobacco Company (RJR), entered into a settlement
with state attorneys general to halt the marketing of fruit, candy, and
alcohol flavored cigarettes. The attorneys general asserted that the
on-going marketing of flavored cigarettes violated the 1998 prohibition
on targeting youth.

RJR, however, continues to circumvent the settlement agreement by intro-
ducing new flavors of cigarettes. In magazines known to have a young
readership, the company has placed advertising that uses phrases such as
"accented with toasted honey" and "sweet apple-like flavor" to market
the new flavored cigarettes. Since the 1998 settlement, overall tobacco

marketing has nearly doubled. In 2005, the tobacco industry spent nearly
$36 million a day to market their deadly products.

Even if flavored cigarettes are not intended to appeal to children, the
evidence suggests that such appeal exists. In 2005, the Roswell Park
Cancer Institute released a national survey revealing that twenty
percent of smokers aged seventeen to nineteen said they had used
flavored cigarettes in the past thirty days, compared to just six
percent of smokers over the age of twenty-five. A study by the Harvard
School of Public Health stated "flavored cigarettes can promote youth
initiation and help young occasional smokers to become daily smokers by
masking the natural harshness and taste of tobacco smoke and increasing
the acceptability of a toxic product."

The argument that flavored cigarettes are priced too high to appeal to
children is unconvincing. Once addicted to nicotine and used to tobacco
smoke, underage smokers buy less expensive cigarettes.

Congress has yet to pass legislation granting the U.S, Food and Drug
Administration authority over the manufacturing, marketing and sale of
tobacco products. It is clear that unless strong legislation is passed,
companies such as RJR will not stop targeting children with flavored
cigarettes designed to appeal to them. By prohibiting the sale of
flavored cigarettes in New York, children will be far less likely to
purchase cigarettes and will not develop life-threatening addiction to
nicotine.

LEGISLATIVE HISTORY: A.777A 2009 - passed assembly, same as S.4496
(Duane); A.7368-A 2008 and 2007 - passed assembly, same is S.4517-A
(Fuschillo); A.3983-A 2008 and 2005 (Grannis)- passed assembly.

FISCAL IMPLICATIONS: None. Long term savings to the state and local
governments due to decrease in tobacco-related healthcare costs.

EFFECTIVE DATE: One hundred eighty days after it shall have become a
law.