New York State ban on flavored nicotine pouches suspended following tobacco industry lobbying

In New York, flavored nicotine pouches like Zyn (from manufacturer Philip Morris International) remain legal for now.[1]At the federal level, flavored e-cigarettes are already banned in New York, California, and Massachusetts. Two Manhattan Democrats, Rep. Linda Rosenthal and Sen. Brad Hoylman-Sigal, want to go further by also banning flavored nicotine pouches, which are becoming increasingly popular. Their proposal The bill aims to ban most flavors, with the exception of menthol, to prevent these products, often available in "coffee" or "citrus" flavors, from appealing to young people. Unflavored sachets would remain permitted.

An uncertain situation, between lobbying and political hesitations

Last week, the bill was placed on the agenda of the National Assembly's Health Committee, a key step toward its passage. But at the last minute, committee chair Amy Paulin removed it from the agenda. Officially, she cited a recent decision by the FDA (Food and Drug Administration). The FDA authorized the marketing of certain Zyn products, provided they were not intended for minors. The committee would have preferred to give manufacturers time to comply.

But according to Linda Rosenthal, other reasons could explain this setback. For one thing, the absence of several commission members that day complicated the vote. For another, an intense lobbying campaign orchestrated by tobacco manufacturers and convenience stores, among others, weighed heavily in the balance. Opponents included cigarette maker Philip Morris International, which owns the Zyn brand; Swisher International, owner of Rogue; RAI Services, a subsidiary of British American Tobacco, owner of the Velo nicotine pouch brand; and the State Association of Convenience Stores.

A legislative battle still open

Despite this setback, Linda Rosenthal plans to reintroduce the bill later in 2025. The New York State legislative session continues until mid-June, which still leaves time to revive the bill.

Rosenthal also points out that bans can be effective: after former Mayor Michael Bloomberg banned smoking in public places in 2003, the smoking rate in New York City fell from 22,100 to 8,100 by 2023, according to the city's health department.

Hoylman-Sigal remains committed to protecting young people from nicotine addiction. Our bill targets flavored products most likely to be used by young people. With this bill, we are trying to prevent young people from becoming addicted to Zyn products. ", Hoylman-Sigal told the New York Post.

According to the New York Post, FDA data indicates that " a substantial portion of adults » who previously smoked cigarettes have turned to Zyn as an alternative. Meanwhile, an annual federal survey, based on responses from 24,000 middle and high school students nationwide, found that the number of 12th graders using Zyn and other nicotine pouches increased from 3 % in 2023 to 6 % in 2024[2].

In the United States, the fight against nicotine products has been made much more difficult by the Trump administration. sponsored advertising and to the tobacco industry fraud adds the strong industry lobbying of the government. Recent massive layoffs at the FDA, including tobacco regulator Dr. Brian King, cast a pall of uncertainty over the future of tobacco control in the country.[3].

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[1]Campbell Jon, New York won't ban Zyn flavored nicotine pouches after tobacco industry lobbying, Gothamist, published April 17, 2025, accessed April 18, 2025

[2]Campanile Carl, NY legislator proposes ban on flavored nicotine pouches including Zyn, despite FDA backing, New York Post, published February 23, 2025, accessed April 18, 2025

[3]Tobacco-free generation, FDA tobacco regulator fired, published April 7, 2025, accessed April 18, 2025

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