New York tobacco and nicotine laws
What New York has enacted on tobacco and nicotine, what each law requires, and what the bills still moving would do. New York is one of 37 states that enacted a tobacco and nicotine law in the 2025 and 2026 sessions.
6 new New York laws take effect in 2027
- Bills in scope
- 49bills in scope
- Past committee
- 5past committee
- Most recent action
- 4 June 2026most recent action
Tobacco and nicotine laws enacted in New York
3 tobacco and nicotine laws enacted in the New York Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
- S 9009Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2026-2027 state fiscal yearTook effect 27 June 2026
What it requires: Eligible taxpayers must provide qualifying expense information, care provider identification, and qualifying individual identification to the commissioner to claim the New York state child and dependent care credit for taxable years beginning January 1, 2026 or later. Eligible farmers' definition changes to use New York gross income from farming instead of federal gross income.
Excise taxes and stamps, Nicotine pouches and new products
- S 8754Relates to enforcement of provisions regarding regulation of tobacco products, herbal cigarettes, and smoking paraphernaliaEnacted 13 February 2026
What it does: Amends the effective date of a 2025 law regarding enforcement officers in cities with one million or more residents who regulate tobacco products, herbal cigarettes, and smoking paraphernalia, changing the effective date from six months after enactment to immediately upon enactment.
Escrow, marketing and smoke-free rules
- S 5624Defines enforcement officers in a city with a population of one million or more for the purposes of regulating tobacco products, herbal cigarettes and smoking paraphernaliaEnacted 25 November 2025
What it does: Expands the definition of 'enforcement officer' in cities with populations over one million to include city agency officers authorized to enforce local tobacco sales laws to minors and the office of administrative trials and hearings.
Licensing
Tobacco and nicotine in New York, by topic
Flavor bans and product standards
16 bills. Enacted in 4 states.
Licensing
12 bills, 1 enacted. Enacted in 18 states.
Excise taxes and stamps
12 bills, 1 enacted. Enacted in 20 states.
Escrow, marketing and smoke-free rules
8 bills, 1 enacted. Enacted in 11 states.
Minimum age and youth access
5 bills. Enacted in 13 states.
Nicotine pouches and new products
4 bills, 1 enacted. Enacted in 8 states.
Vapor product directories
3 bills. Enacted in 8 states.
Tobacco and nicotine bills in New York
The bills not yet law, furthest along first, with what each would do.
3Enacted
2Past committee
44Introduced or inactive
49 bills in scope
Past committee
2
What it would do: Imposes a tax on vapor products at 32 cents per milliliter for prefilled products and 8 percent on wholesale price for others, requires vapor products distributors to obtain licenses, prohibits sale of flavored vapor products, and establishes a directory of approved vapor products maintained by the commissioner.
What it would do: Prohibits any person operating a business selling tobacco products, electronic cigarettes, or smoking paraphernalia from selling or displaying such products that resemble school supplies, toys, or use packaging designed to appeal to or target minors.
Introduced or inactive
23 of 44 shown
What it would do: Changes the age restriction for tobacco and vapor product sales from under twenty-one years of age to individuals born after December 31, 2007, effectively raising the minimum age to 21. Repeals one subdivision and amends multiple public health law sections to implement this birth date-based restriction.
What it would do: Prohibits persons operating businesses selling tobacco products, electronic cigarettes, liquid nicotine, and related items from selling or displaying any such products made to be attractive to or target persons under age twenty-one, or sold in packaging made to be attractive to or target such persons.
What it would do: Prohibits any person or corporation from displaying billboard advertisements that promote tobacco products, alternative nicotine products, vapor products, alcoholic beverages, or gambling or sports wagering services, with an exception for government-sponsored public health messaging.
What it would do: Prohibits billboard advertisements promoting tobacco products, alternative nicotine products, vapor products, alcoholic beverages, or gambling or sports wagering services, requiring removal on the last day of each advertising contract and replacement with public health service announcements until new paid advertising begins.
What it would do: Prohibits retail dealers from opening tobacco businesses within 500 feet of existing licensed tobacco businesses in cities, towns, or villages with populations of 20,000 or more, unless the local municipality or community board determines it serves the public interest after consultation and notice.
What it would do: Amends New York tax law to define premium cigars and exempt small importers from distributor status unless they exceed $100,000 in annual sales or 200 transactions. Imposes a 75 percent excise tax on premium cigars or 50 cents per cigar, whichever is less.
What it would do: Prohibits persons under 21 years old from possessing tobacco or vaping products. Allows courts to impose civil fines up to $50, require tobacco awareness programs, or community service up to 30 hours; permits officers to seize such products but not arrest for possession.
What it would do: Requires every package containing an electronic cigarette sold or distributed in New York to display a warning label stating 'WARNING: Explosion Hazard: this product may overheat, catch fire or explode.' Violators face civil penalties up to one thousand dollars per violation.
What it would do: Requires cigarette tax stamps to include color-shifting dyes, unique serial numbers, tamper-evident surfaces, and scannable encrypted data containing the agent's name and address, affixing date, stamp value, and serial number.
What it would do: Adds nicotine pouches to New York's tobacco product regulations, prohibiting their free distribution and flavored sales, requiring age verification for purchase, and banning price discounts and multi-package deals.
What it would do: Requires electronic cigarette companies in New York to disclose annually to the commissioner their online advertising expenditures, including total spending, itemized website placements, ad duration, and related internet ad activity. The department must report findings to the governor and legislature with proposed regulations to limit online ads seen by children.
What it would do: Prohibits selling, offering to sell, or giving away electronic liquids used to refill electronic cigarettes or cartridges, with a civil penalty of up to five hundred dollars per violation, except the health commissioner may exempt registered in-state manufacturers and prefilled sealed cartridges are excluded.
What it would do: Amends tobacco product definitions and tax rates in New York law. Increases cigarette tax to 95% of wholesale price, moist snuff tax to $3.63 per ounce, and establishes new tax rates for single-unit tobacco products, loose tobacco, and cigars. Changes minimum loose tobacco package size to 0.65 ounces.
What it would do: Amends the definition of 'flavored' vapor products under Public Health Law to include products containing N-Ethyl-p-menthane-3-carboxamide, thereby prohibiting the sale of vapor or tobacco products containing this substance.
What it would do: Prohibits vapor products dealers and wholesalers from storing flavored vapor products in, adjacent to, or accessible to retail premises where vapor or tobacco products are sold, and increases civil penalties for flavored vapor product violations to up to three hundred dollars per package.
What it would do: Prohibits vapor products dealers from selling entertainment vapor products with bluetooth, wireless internet, or interactive features designed to enhance user experience in connection with nicotine consumption, with civil penalties up to one hundred dollars per package, except for FDA-authorized products.
What it would do: Prohibits establishments from selling or distributing electronic cigarettes that are new tobacco products requiring federal FDA premarket review under 21 U.S.C. § 387j but lacking an FDA premarket review order. Violators face civil penalties of at least ten thousand dollars per violation.
What it would do: Increases the tax on tobacco products other than little cigars from 75% to 129% of wholesale price, removes the snuff tax, and increases the vapor products tax from 20% to 48% on retail sales.
What it would do: Prohibits any person, firm, partnership, company, corporation or dealer from selling or offering for sale at retail any disposable electronic cigarette that cannot be refilled with vapor products, with civil penalties up to one hundred dollars per package sold or offered for sale.
What it would do: Adds electronic cigarette cartridges to the definition of tobacco products subject to taxation under tax law and public health law. Takes effect 180 days after enactment.
What it would do: Requires retail smoke shops to obtain and display an annual premises license from the Department of Taxation and Finance starting January 1, 2027, with regulations governing location, proximity to schools and sensitive facilities, operating hours of 9 a.m. to 10 p.m., and interior visibility requirements.
What it would do: Increases the vapor products tax from twenty percent to forty-one percent on retail sales, establishes a tobacco and vaping cessation fund receiving twenty-one percent of tax revenues, and requires e-liquid manufacturers to use child-resistant packaging and comply with state regulations.
What it would do: Requires vapor product distributors and manufacturers to obtain permits from the commissioner, establishes a vapor product directory maintained by the attorney general, and prohibits sale of unregistered or illicit vapor products.
Showing the 25 furthest along of 46. Subscribers see all of them, filtered and searchable. Bill titles link to the New York Legislature's own page.
What counts as tobacco and nicotine legislation
In scope: Flavor bans and product standards; vapor product directories; licensing; excise taxes and stamps; minimum age and youth access; online and delivery sales; nicotine pouches and new products; and escrow, marketing and smoke-free rules.
Questions
Does New York have a tobacco and nicotine law?
Yes. New York enacted 3 tobacco and nicotine laws in the 2025 and 2026 sessions, among them S 9009, S 8754 and S 5624. Each is listed on this page with what it requires.
When do New York's tobacco and nicotine laws take effect?
S 9009 on 27 June 2026. The others have no single date in their text.
Which tobacco and nicotine bills are moving in New York?
2 bills not yet law have passed a committee or a chamber, the furthest along A 4619 (passed chamber) and S 195 (passed chamber).
What does New York legislate on most in tobacco and nicotine?
Flavor bans and product standards (16 bills), Licensing (12 bills) and Excise taxes and stamps (12 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Tobacco and nicotine bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in New York
- AI in New York139
- Alcohol in New York118
- Cannabis in New York100
- Children's Online Safety in New York28
- Cybersecurity in New York24
- Data center and energy in New York19
- Data Privacy in New York91
- Employment in New York348
- Healthcare in New York337
- Insurance in New York481
- Intellectual Property in New York28
- Packaging and PFAS in New York64
- Payments and fintech in New York38
- Rental housing in New York197
- Transportation in New York49
- All jurisdictions
Tobacco and nicotine legislation in other jurisdictions
51 more currently hold bills in this tracker
- New Jersey50
- West Virginia31
- Mississippi22
- Hawaii21
- Montana20
- Texas20
- Iowa19
- Illinois19
- Indiana19
- Virginia18
- Connecticut16
- Massachusetts15
- Michigan15
- Missouri15
- Maryland14
- Tennessee13
- Washington13
- Kentucky12
- Oklahoma12
- Louisiana11
- Congress11
- Arizona10
- Nebraska10
- South Dakota10
- Utah10
- Florida9
- California8
- Georgia8
- New Hampshire8
- Oregon8
- Wisconsin8
- Maine7
- North Carolina7
- Pennsylvania7
- Rhode Island7
- Arkansas6
- Alabama5
- Idaho5
- Puerto Rico5
- South Carolina5
- New Mexico4
- Wyoming4
- Alaska3
- Colorado3
- Delaware3
- Kansas3
- Nevada3
- Ohio3
- Minnesota2
- North Dakota2
- Vermont2
Know when New York's tobacco and nicotine law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.