S T A T E O F N E W Y O R K
________________________________________________________________________
6074
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring
tobacco products to contain certain items on their packaging
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 399 of the general business law,
as added by chapter 680 of the laws of 1967, is amended to read as
follows:
1. (A) On each package of cigarettes sold or delivered by a manufac-
turer or distributor within this state after June first, nineteen
hundred sixty-six, there shall be printed thereon or attached thereto a
warning of the consequences of excessive smoking. Such warning shall be
in letters not less than eight point type and in a color in contrast
with the package containing the cigarettes, and shall contain the
following statement:
WARNING
"Excessive use is dangerous to health"
(B) EACH PACKAGE OF CIGARETTES SHALL CLEARLY AND CONSPICUOUSLY INCLUDE
THE FOLLOWING IN THE SAME MANNER AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION:
(I) A FULL LIST OF INGREDIENTS CONTAINED IN THE PRODUCT, INCLUDING,
BUT NOT LIMITED TO, NICOTINE; AND
(II) THE DANGERS PRESENTED BY CIGARETTES TO HUMAN HEALTH, INCLUDING,
BUT NOT LIMITED TO, A LIST OF MEDICAL SIDE EFFECTS CAUSED BY THE USE OF
CIGARETTES AND ANY POTENTIAL LONG-TERM MEDICAL COMPLICATIONS THAT CAN
ARISE FROM THE USE OF CIGARETTES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11787-01-9
S. 6074 2
§ 2. The general business law is amended by adding a new section 398-f
to read as follows:
§ 398-F. ELECTRONIC CIGARETTE PACKAGE LABELING. 1. EVERY PACKAGE
CONTAINING AN ELECTRONIC CIGARETTE, AS DEFINED IN SUBDIVISION THIRTEEN
OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW,
SOLD, OFFERED FOR SALE, OR OTHERWISE DISTRIBUTED WITHIN THE STATE, SHALL
HAVE PRINTED THEREON OR ATTACHED THERETO A WARNING LABEL. SUCH WARNING
SHALL BE IN LETTERS NOT LESS THAN EIGHT POINT TYPE AND IN A COLOR IN
CONTRAST WITH THE PACKAGE CONTAINING THE ELECTRONIC CIGARETTE, AND SHALL
CONTAIN THE FOLLOWING STATEMENT:
WARNING
"EXCESSIVE USE IS DANGEROUS TO HEALTH"
2. EACH PACKAGE CONTAINING AN ELECTRONIC CIGARETTE OR CIGARETTES SHALL
CLEARLY AND CONSPICUOUSLY INCLUDE THE FOLLOWING IN THE SAME MANNER AS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION:
(A) A FULL LIST OF INGREDIENTS CONTAINED IN THE PRODUCT, INCLUDING,
BUT NOT LIMITED TO, NICOTINE; AND
(B) THE DANGERS PRESENTED BY ELECTRONIC CIGARETTES TO HUMAN HEALTH,
INCLUDING, BUT NOT LIMITED TO, A LIST OF MEDICAL SIDE EFFECTS CAUSED BY
THE USE OF ELECTRONIC CIGARETTES AND ANY POTENTIAL LONG-TERM MEDICAL
COMPLICATIONS THAT CAN ARISE FROM THE USE OF ELECTRONIC CIGARETTES.
3. ANY LANGUAGE OR DESIGN PRESENT ON THE PACKAGING OF ELECTRONIC CIGA-
RETTES FOR THE PURPOSE OF MARKETING OR ENTICING POTENTIAL CUSTOMERS TO
BUY SUCH PRODUCT SHALL BE PROHIBITED. THE PACKAGING SHALL CONTAIN ONLY
THE NAME OF THE PRODUCT AND THE WARNINGS REQUIRED PURSUANT TO THIS
SECTION.
§ 3. This act shall take effect immediately.