New York: heated tobacco regulation, October 2022

In some instances, the law is subject to interpretation by enforcement agencies in New York due to unclear definitions. Because the definitions of both “tobacco product” and “cigarette” include the word “smoking”, it is up to state interpretation as to how heated tobacco products would be taxed.

This past legislative session saw bills to change the definition of “cigarette” and “tobacco product” to include any other product containing tobacco or nicotine; further regulate age restrictions; propose a flavour ban; and increase tax for tobacco products in general.

This report provides a detailed overview of the current regulatory framework in place for heated tobacco products in New York. It covers all policy areas from labelling and packaging requirements and public usage to advertising, notification and taxation.