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SLC Reality Check hopeful flavored tobacco ban passes; opponents say ban will fuel black-market sales

Posted 3/31/23

BY MATT LINDSEY North Country This Week The sale of flavored and menthol cigarettes could soon be banned in St. Lawrence County. Supporters of the bill say menthol and flavored cigarettes are …

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SLC Reality Check hopeful flavored tobacco ban passes; opponents say ban will fuel black-market sales

Posted

BY MATT LINDSEY
North Country This Week

The sale of flavored and menthol cigarettes could soon be banned in St. Lawrence County.

Supporters of the bill say menthol and flavored cigarettes are targeted to youth, while opponents claim the new law would be unfair to businesses and has no impact on whether people quit smoking.

As part of the budget, Gov. Kathy Hochul included a proposal to prohibit sales of menthol and flavored cigarettes across the state, as well as a $1 per pack tax increase. The proposal has been turned down by state lawmakers, putting it in doubt of being included in the state budget due April 1.

Local anti-tobacco groups, like Reality Check, are voicing their support of the new bill because the flavors are often enticing to young people.

According to Travis Jordan, Reality Check coordinator, 85% of youth tobacco users report using flavored products. This includes vapes, cigarettes, cigars and chewing tobacco.

“One of the main problems created by flavored tobacco products is that they are very attractive to today’s youth,” Jordan said. “Tobacco companies have created their products to come in enticing flavors that kids love such as peach mango watermelon, strawberry banana and many more.”

“In addition, menthol, which is a flavor of choice for many adults, makes it easier to start smoking and harder to quit,” he said.

However, the state allows sales of flavored recreational cannabis, which some see as unfair to the tobacco industry.

“The state is proudly opening retail spaces for recreational cannabis. In fact, within the last month, multiple retail spaces opened that are selling cannabis vape pens with flavors such as grapefruit, pineapple, cereal milk, and tropical,” New York Association of Convenience Stores President Kent Sopris said. “To attack tobacco retailers as vehicles for underage smoking while promoting flavored cannabis is hypocritical and unfair.”

Jordan believes a ban on all flavored tobacco products would go a long way in reducing the number of young people using tobacco products, which are known to cause disease and death.

A 2019 ban of flavored vape products only banned non-disposable vape products. Companies got around the loophole by marketing disposable vapes. Jordan said the ban did help, but more can be done.

People can still purchase flavored tobacco products from illegal retail stores, native reservations, online or other states.

“Knowing someone of age,” Jordan said, is one of the main avenues youth are able to acquire tobacco products. He said the close proximity to the reservation also plays a role in youth finding tobacco products.

Many convenience store operators do not support the plan. This includes the New York Association of Convenience Stores, led by President Kent Sopris.

New York Association of Convenience Stores includes Kinney Drugs, Kunoco, and Stewart’s stores, among many others statewide.

“A ban on flavored tobacco and the proposed $1 tax increase will only impact legal retail stores like NYACS members and have no impact on whether people quit smoking,” Sporis said.

Sopris said his store members have also not sold flavored vapes since they were banned in 2019. However, they are still extremely popular with people and kids, who acquire them by illegal means.

“The vape ban and continued popularity of flavored vapes proves prohibitionist policies do not.”

Sopris says instead of changing people's smoking habits, the proposals will change where they buy their products.

“New York already leads the nation in cigarette smuggling. In fact, more than 53 percent of cigarettes consumed in the state are purchased from illegal retailers or other illicit outlets, which equates to over 250 million smuggled packs worth more than $1.1 billion annually,” Sopris said. “This is funding that could be used for cessation programs or enforcement efforts but instead supports an economy where there are no rules and certainly no age requirements. Not a week goes by where my tax-paying, law-abiding members do not report illegal retail activity in their towns and cities.”

Supporters of the ban say it could result in fewer young smokers, who often start with menthol or other flavors.

“Sadly, in St. Lawrence County the adult smoking rate is over 18%, compared with 12% adult smoking rate statewide,” Jordan said. “And, one in four high school youth in NYS uses e-cigarettes or vapes.”

Sopris challenged state officials to take action that would actually make a difference in lowering smoking rates and not financially hurt local businesses.

“If the state is serious about lowering smoking rates and ensuring consumer products on the market are legal and taxed appropriately, instead of advocating for failed policies like flavor bans and tax increases, it should prioritize and fund enforcement programs statewide. Any other policy will merely hurt New Yorkers,” he said.

Reality Check youth have met politicians in Albany to discuss the dangers of tobacco on teens and young adults, and what can be done to counter advertising directed at the younger generation.

Jordan said the organization held a movie night recently and provided free movie tickets to anyone who was going to watch “65.” They also had educational material, gear and an opportunity to sign a petition to remove the use of tobacco in movies aimed at youth.

The group also provides a visual presence for when they cannot be around to spread their message.

The “Cups in the Fence” campaign aims to quickly communicate an anti-tobacco message in a place where it will be seen by a lot of people. A “Cups in the Fence'' banner was placed near baseball and softball fields at Canton Central, which has tobacco statistics.

Over 66% of St. Lawrence County adult residents believe that seeing tobacco products displayed and advertised in retail stores increases the likelihood that children become smokers, according to a 2022 Community Tobacco Survey of Adult Residents of St. Lawrence County conducted by Seaway Valley Prevention Council.

“Also, the nationwide average age of a new smoker is just 13 years old,” Jordan said. “This is especially nerve-wracking as today’s youth become more and more addicted to tobacco products, in which it will be extremely difficult to break that addiction as they grow older.”

The New York State Department of Health, in conjunction with local tobacco control partners, relaunched the "It's Not Just" campaign to draw attention to the tobacco industry's marketing and promotion of menthol-flavored tobacco products specifically to youth, Black, and LGBTQIA+ communities. The campaign is focused on ending the misconception that menthol is just a harmless flavor.

Anyone who needs assistance in trying to quit, you can text “DropTheVape” to 88709 or also visit www.nysmokefree.com for free and confidential smoking and vaping quit services.

Call, text, or visit the free and confidential New York State Smokers' Quitline at 1-866-NYQUITS (1-866-697-8487), text (716) 309-4688, or visit https://www.nysmokefree.com/ for more information.