New York City: Council Approves Flavored Tobacco Ban By Landslide Vote

The mayor has 10 days to decide whether or not to veto the measure. If he does not, it becomes effective 120 days after he signs it into law. If the measure is challenged in court (as it is likely to be), it may not be effective for yet a longer period.

The ban specifies as follows:  “Sale of flavored tobacco products prohibited. It shall be unlawful for any person to sell or offer for sale any tobacco product or any component part thereof, including,but not limited to, the tobacco, paper, roll or filter, which contains any natural or artificial constituent or additive that causes such tobacco product or its smoke to have a characterizing flavor; provided, however, that it shall not be unlawful for any person to sell or offer for sale any tobacco product or any such component part thereof which is designed for use in a pipe or hookah, whether or not such tobacco product or component part thereof causes such tobacco product or its smoke to have a characterizing flavor.”

Characterizing flavor is defined as follows:  “Characterizing flavor” means a taste or aroma experienced prior to or during consumption of a tobacco product that predominates over and is distinguishable from the taste or aroma of tobacco. Such flavor shall include, but is not limited to, any such tastes or aromas relating to any fruit, chocolate, vanilla,honey, candy, cocoa, dessert, alcoholic beverage, herb or spice; provided, however, that such term shall not include tobacco, menthol, mint or clove tastes or aromas. A public statement or claim disseminated by the manufacturer,or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning the tobacco product, that a tobacco product has or produces a flavor, disseminate public statements concerning the tobacco product, that a tobacco product has or produces a flavor, taste or aroma (other than tobacco, menthol,mint or clove) shall constitute proof that the tobacco product has a characterizing flavor. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.”

(Information courtesy of Cigar Association of America.)