New York Lawmaker Introduces Bill to Ban Zyn and Other Flavored Pouch Nicotine Products After Supporting FDA Product Recommendations
A New York State Assemblymember has introduced a bill to ban the sale of Zyn and other flavored nicotine pouch products, citing concerns over their potential harm to youth and public health. This move comes after the US Food and Drug Administration (FDA) issued a proposal to ban the sale of such products in the United States.
Assemblymember Linda S. Rosenthal, a Democrat from New York City, introduced the bill, which would prohibit the sale, distribution, and marketing of flavored nicotine pouches, including Zyn, which are popular among young people. The bill would also prohibit the use of misleading marketing practices to market these products as "safe" or "healthy" alternatives to traditional cigarettes.
Rosenthal’s decision to introduce the bill is a significant turn of events, as she was one of the sponsors of legislation that helped lawmakers in 2019 to pass a measure to allow the sale of some flavored e-liquids in New York. However, she has since changed her stance following the FDA’s draft guidance on the regulation of e-cigarettes, including nicotine pouches.
In its draft guidance, the FDA proposed to ban the sale of flavored nicotine pouches, as well as some other flavored e-liquids, citing concerns over their appeal to youth and the lack of evidence that they are effective in helping adults quit smoking. The agency also proposed to restrict the sale of certain menthol and tobacco-flavored e-liquids and to requiremakers to provide proof that their products are effective in helping smokers quit.
Rosenthal’s bill is part of a broader effort to combat the growing epidemic of youth vaping in the United States. According to the Centers for Disease Control and Prevention (CDC), more than 2.1 million middle and high school students in the United States used e-cigarettes in 2020, making them the most common form of nicotine use among youth.
The bill has been met with support from health advocates, who argue that flavored nicotine pouches are a public health threat. "These products are designed to be highly addictive and are contributing to a public health crisis among our youth," said [Name], executive director of a leading health advocacy group. "We commend Assemblymember Rosenthal for taking action to address this issue and urging the FDA to take immediate action to protect our children from these harmful products."
However, some industry representatives have criticized the bill, arguing that it would disproportionately harm small businesses and undermine the ability of vapers to find alternative nicotine products that can help them quit smoking.
As the bill moves through the New York State Legislature, supporters hope that it will serve as a model for other states to follow in regulating the sale of flavored nicotine products. With the FDA’s draft guidance pending and a possible final rule expected in the coming months, lawmakers and health advocates are urging the agency to take decisive action to protect public health.
The full text of the bill is available on the New York State Assembly’s website, and a copy of the FDA’s draft guidance is available online.
