A New York state lawmaker is proposing a ban on the sale of what he described as “highly addictive” flavored nicotine pouches, even after the U.S. Food and Drug Administration came out in support of the product due to data showing it can help smokers ditch cigarettes, which can cause cancer.
State Sen. Brad Hoylman-Sigal, a Democrat, said he opposes replacing cigarettes, which contain tobacco, with nicotine pouches, noting that he wants to keep the flavored pouches away from young kids.
“This product is distinguishable from other smokeless tobacco products because they do not contain tobacco leaf, rather contain nicotine derived from tobacco or synthetic nicotine,” Hoylman-Sigal said in his bill memo, according to the New York Post.
“Regardless, nicotine in any form and in any product is a highly addictive substance. This legislation would align New York values in prohibiting enticing flavors for all nicotine products — including nicotine pouches,” he added.
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New York State Senator Brad Hoylman-Sigal attends the New York Stem Cell Foundation (NYSCF) Gala & Science Fair at Jazz at Lincoln Center on October 10, 2023 in New York City. (Getty Images)
Assemblywoman Linda Rosenthal, also a Democrat, is introducing a companion bill to ban nicotine pouches in the state legislature’s lower chamber, the New York Post reported.
“There’s a lot greater awareness about nicotine patches,” said Rosenthal, who first introduced a version of her bill in 2020.
Last month, the FDA approved 10 flavors of Philip Morris International’s Zyn brand of nicotine pouches, including cinnamon, coffee, mint, menthol and peppermint. This was the first time the agency authorized sales of nicotine pouches.
Nicotine pouches are held in the mouth and dissolve between the tongue and gum. In contrast to cigarettes and chewing tobacco, Zyn does not contain harmful substances linked to risks of cancer or other diseases, according to the FDA.
ZYN nicotine cases and pouches are seen on a table on January 29, 2024, in New York City. (Getty Images)
Data also shows that a significant number of adults who used cigarettes or smokeless tobacco products switched entirely to Zyn, the FDA said. But Hoylman-Siegal is concerned about the product’s youth appeal.
“Our bill is targeted at the flavored products most likely to be used by young people,” he told the New York Post. “With our bill, we’re trying to stop young people from getting hooked on favored Zyn products.”
However, federal data shows that fewer than 2% of high school and middle school students in the country use nicotine pouches. The FDA also put in place restrictions to prevent companies from marketing nicotine pouches to the youth.
Tobacco companies now turn to alternatives to cigarettes amid a dip in smoking rates.
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Zyn smokeless nicotine pouch containers for sale in the Brooklyn borough of New York, US, on Tuesday, Feb. 6, 2024. (Getty Images)
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New York has already banned flavored e-cigarettes, although critics argue that the law is not adequately enforced.
“It’s very similar to the issue involving flavored vapes,” Hoylman-Sigal said.
Brian Erkilla, director of regulatory science at Philip Morris International, which produces Zyn, argues against New York banning Zyn and other nicotine pouches, saying that the “unintended consequences” include leaving 1.6 million tobacco smokers with fewer alternatives and that a ban could even lead to an uptick in smoking.
“The most harmful product is the combustible smoking cigarette. We should let smokers know there are other options out there. We shouldn’t take away their choice,” Erkilla told the New York Post.