Flavored Tobacco Sales Prohibition (2009) and Noncigarette Tobacco Products in Retail Stores (2017), New York City

Objectives. To assess explicit- (products clearly labeled flavored) and emergent concept- (products implying flavoring but not clearly labeled) flavored tobacco product availability following New York City’s flavor restriction. Methods. We examined explicit- and concept-flavored tobacco product availability, with 2017 New York City Retailer Advertising of Tobacco Survey data (n = 1557 retailers). We assessed associations between block group–level demographic characteristics and product availability by using logistic regression. Results. Most retailers sold explicit-flavored (70.9%) or concept-flavored (69.3%) products. The proportion of non-Hispanic Black neighborhood residents predicted explicit- and concept-flavored product availability, as did having a high school within a retailer’s block group for concept-flavored products. Conclusions. Explicit- and concept-flavored other tobacco products persisted throughout New York City, despite 2009 legislation restricting sales. Public Health Implications. Making local sales restrictions or federal production bans inclusive of all explicit and concept flavors would reduce retailer and industry evasion opportunities and protect the health of youths and others.

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Implementation of the New York City Policy Restricting Sales of Flavored Non-Cigarette Tobacco Products

Health Education & Behavior ◽

10.1177/1090198119853608 ◽

2019 ◽

Vol 46 (5) ◽

pp. 782-789 ◽

Cited By ~ 1

Author(s):

Elizabeth M. Brown ◽

Todd Rogers ◽

Matthew E. Eggers ◽

Michelle L. Cavazos ◽

Maureen S. O’Brien ◽

...

Keyword(s):

New York ◽

New York City ◽

Policy Implementation ◽

York City ◽

Tobacco Policy ◽

Compliance Monitoring ◽

Cigarette Tobacco ◽

Tobacco Products ◽

City Policy ◽

Flavored Tobacco

Flavored tobacco products appeal to youth, and jurisdictions have implemented policy interventions to reduce youth tobacco initiation. This study reviews the process, challenges, and compliance monitoring of a flavored tobacco sales restriction. New York City (NYC) passed a policy restricting the sale of flavored non-cigarette tobacco products in 2009. To describe the policy’s passage, legal defense, implementation, and enforcement, we conducted stakeholder interviews, reviewed legislative and legal records, and analyzed administrative data on retailer inspections and violations. Extensive public and policy maker education efforts preceded this policy. Barriers included opposition to the policy’s passage and a tobacco manufacturer’s lawsuit that sought to halt the law’s implementation and to establish that NYC lacked the authority to restrict the sale of flavored products. The city implemented the flavored tobacco policy as intended and it withstood legal challenges. NYC integrated enforcement into the city’s retailer compliance monitoring infrastructure, and the violation rate is low. Our investigation of NYC’s experience with flavored tobacco policy implementation and enforcement can provide policy makers and health professionals with insights relevant to policy implementation, expand understanding of the potential impact of these kinds of policies, and inform compliance monitoring efforts.

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Flavour chemicals in a sample of non-cigarette tobacco products without explicit flavour names sold in New York City in 2015

Tobacco Control ◽

10.1136/tobaccocontrol-2016-053552 ◽

2017 ◽

Vol 27 (2) ◽

pp. 170-176 ◽

Cited By ~ 11

Author(s):

Shannon M Farley ◽

Kevin RJ Schroth ◽

Victoria Grimshaw ◽

Wentai Luo ◽

Julia L DeGagne ◽

...

Keyword(s):

New York ◽

New York City ◽

York City ◽

Reference Value ◽

Tobacco Product ◽

Gas Chromatography Mass Spectrometry ◽

Tobacco Products ◽

Specific Level ◽

Relevant Reference ◽

Local Law

BackgroundYouth who experiment with tobacco often start with flavoured products. In New York City (NYC), local law restricts sales of all tobacco products with ‘characterising flavours’ except for ‘tobacco, menthol, mint and wintergreen’. Enforcement is based on packaging: explicit use of a flavour name (eg, ‘strawberry’) or image depicting a flavour (eg, a fruit) is presumptive evidence that a product is flavoured and therefore prohibited. However, a tobacco product may contain significant levels of added flavour chemicals even when the label does not explicitly use a flavour name.MethodsSixteen tobacco products were purchased within NYC in 2015 that did not have explicit flavour names, along with three with flavour names. These were analysed for 92 known flavour chemicals plus triacetin by gas chromatography/mass spectrometry.Results14 of the 16 products had total determined flavour chemical levels that were higher (>0.3 mg/g) than in previously studied flavour-labelled products and of a chemical profile indicating added flavour chemicals.ConclusionsThe results suggest that the tobacco industry has responded to sales restrictions by renaming flavoured products to avoid explicitly identifying them as flavoured. While chemical analysis is the most precise means of identifying flavours in tobacco products, federal tobacco laws pre-empt localities from basing regulations on that approach, limiting enforcement options. If the Food and Drug Administration would mandate that all tobacco products must indicate when flavourings are present above a specific level, local jurisdictions could enforce their sales restrictions. A level of 0.1 mg/g for total added flavour chemicals is suggested here as a relevant reference value for regulating added flavour chemicals in tobacco products.

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A discarded cigar package survey in New York City: indicators of non-compliance with local flavoured tobacco restrictions

Tobacco Control ◽

10.1136/tobaccocontrol-2019-055035 ◽

2019 ◽

pp. tobaccocontrol-2019-055035

Author(s):

Marin K Kurti ◽

Kevin R J Schroth ◽

Cristine Delnevo

Keyword(s):

New York ◽

New York City ◽

Random Sample ◽

York City ◽

Brand Name ◽

Staten Island ◽

Tobacco Products ◽

Product Availability ◽

Block Groups ◽

Problematic Level

IntroductionIn 2009, New York City (NYC) restricted the sale of flavoured tobacco products. We assessed product availability as a proxy for potential non-compliance by analysing discarded cigar, cigarillo and blunt wrap packages in New York City.MethodsA discarded cigar package survey was conducted in 2016, in a stratified random sample of 94 block groups in NYC resulting in the collection of 886 discarded cigar packages. Each package was coded for brand name, flavour description (explicit and implicit) and size.FindingsOverall, 19.2% of the cigar packages were explicitly flavoured. An additional 9.4% of the packages reflected implicit flavours. Explicit flavoured cigar packages were at increased odds of being found in Staten Island (adjusted OR (AOR)=3.96, 95% CI=1.66 to 9.46), in packaging size of two or three (AOR=8.49, 95% CI=4.24 to 17.02) or four or more (AOR=4.26, 95% CI=1.95 to 9.30).ConclusionNearly one out of three cigar packages were flavoured products suggesting a problematic level of non-compliance and continued availability. Potential non-compliance is likely fueled by licensed wholesalers and retailers who continue to sell restricted flavoured products. Some retailers may be unaware that implicitly named cigars are typically flavoured and are, therefore, illegal. This lack of awareness of implicit flavoured cigars may be exacerbated by NYC’s lack of education or enforcement specific to implicitly flavoured tobacco products.

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Teen Use of Flavored Tobacco Products in New York City

Nicotine & Tobacco Research ◽

10.1093/ntr/ntu126 ◽

2014 ◽

Vol 16 (11) ◽

pp. 1518-1521 ◽

Cited By ~ 12

Author(s):

S. M. Farley ◽

H. Seoh ◽

R. Sacks ◽

M. Johns

Keyword(s):

New York ◽

New York City ◽

York City ◽

Tobacco Products ◽

Flavored Tobacco

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Neighborhood Differences in Alternative Tobacco Product Availability and Advertising in New York City: Implications for Health Disparities

Nicotine & Tobacco Research ◽

10.1093/ntr/nty244 ◽

2018 ◽

Vol 21 (7) ◽

pp. 896-902 ◽

Cited By ~ 13

Author(s):

Daniel P Giovenco ◽

Torra E Spillane ◽

July M Merizier

Keyword(s):

New York ◽

New York City ◽

Health Disparities ◽

York City ◽

Tobacco Product ◽

Product Availability

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Impact of Local Flavored Tobacco Sales Restrictions on Policy-Related Attitudes and Tobacco Product Access

Health Education & Behavior ◽

10.1177/10901981211027520 ◽

2021 ◽

pp. 109019812110275

Author(s):

Ashley L. Feld ◽

Todd Rogers ◽

Jennifer Gaber ◽

Jessica Pikowski ◽

Matthew C. Farrelly ◽

...

Keyword(s):

Online Survey ◽

Tobacco Product ◽

Policy Support ◽

Tobacco Products ◽

Tobacco Sales ◽

Perceived Difficulty ◽

State And Local ◽

Perceived Access ◽

The Impact ◽

Flavored Tobacco

Background As of September 2020, more than 300 state and local jurisdictions restrict the sales of flavored tobacco, with some including menthol. Aims o evaluate the impact of local ordinances restricting the sale of flavored tobacco, we surveyed Californians regarding policy support and perceived access to flavored tobacco. Methods In 2019, we conducted an online survey of 3,075 California youth and young adults recruited via social media, about half of whom lived in a policy jurisdiction. Logistic regressions assessed differences on propensity score–weighted outcomes, policy support, and perceived access. Results Most respondents indicated agreement with almost all policy support statements. Although policy respondents were less likely than rest-of-California respondents to report perceived difficulty in buying flavored cigars, flavored vape users in policy jurisdictions were more likely than those in the rest of California to report perceived difficulty in buying flavored e-liquid. Regardless of jurisdiction, certain priority subgroups were significantly more likely to report perceived difficulty in accessing flavored cigars, flavored vaping products, flavored e-liquid, and menthol cigarettes. Discussion With some exceptions, these findings demonstrate that among vape users in policy jurisdictions and priority subgroups, there is a higher likelihood of reporting perceived difficulty to access flavored tobacco products. Conclusions Findings might be an early indication of shifts in social norms about flavored tobacco products in California, which could gain traction as local sales restriction ordinances proliferate throughout the state and a statewide flavored-tobacco sales restriction goes into effect.

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A Comparison of Alternative Tobacco Product Usage, Knowledge and Beliefs Between the New York City Lesbian, Gay, Bisexual, and Transgendered Community and Heterosexuals

Journal of Community Health ◽

10.1007/s10900-017-0332-9 ◽

2017 ◽

Vol 42 (5) ◽

pp. 903-910 ◽

Cited By ~ 3

Author(s):

Deanna P. Jannat-Khah ◽

Simone A. Reynolds ◽

LeConté J. Dill ◽

Michael A. Joseph

Keyword(s):

New York ◽

New York City ◽

York City ◽

Tobacco Product ◽

Product Usage ◽

Knowledge And Beliefs

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An assessment of violent imagery in advertisements on city buses in Manhattan, New York City

Health Promotion Perspectives ◽

10.34172/hpp.2020.26 ◽

2020 ◽

Vol 10 (2) ◽

pp. 162-165

Author(s):

Corey H. Basch ◽

Jan Mohlman ◽

Charles E. Basch

Keyword(s):

New York ◽

New York City ◽

York City ◽

Cross Sectional Study ◽

Print Advertising ◽

Sectional Study ◽

Cross Sectional ◽

Tobacco Products ◽

The Public ◽

Violent Acts

Background: Violence or violent imagery, defined as any image that conveys an imminent physical or existential threat to person(s), property, or society, with or without weaponry, is often featured in advertising. However, the effects of exposure (sporadic or chronic) to such imagery are not fully understood. The objective of this study was to describe the prevalence and types of violence portrayed in advertising on public buses in New York City (NYC). Methods: In this cross-sectional study, from April to July 2019, researchers catalogued and coded the print advertising images present on the passenger entry side of all Metropolitan Transit Authority (MTA) bus lines in Manhattan to determine whether images of violence or violent acts were present. Unlike images of alcohol and tobacco products (banned from MTA property in 2017 and 1992, respectively), there are no similar restrictions on violence or violent imagery. Results: A total of 23 out of 136 (17%) observed advertisements included images of violence and/or actual or imminent violent acts. One hundred percent of images involving violence were embedded in advertisements for mass media/entertainment purposes often featuring well known and favorably regarded actors and entertainment personalities or companies. Conclusion: People of all ages and backgrounds are passively exposed to bus advertisements in a variety of settings. This study contributes to the literature regarding the extent to which the public is passively exposed to violent advertising. Additional study is required to further understand the link between violent imagery and attitudes toward/tolerance of violence.

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