The Westchester County Board of Legislators is moving forward with legislation to prohibit the sale or distribution of flavored tobacco products. In 2020, New York State banned the sale of flavored vape products, but has not yet taken action against other flavored tobacco products.
The Westchester County law is modeled on existing laws in New York City and San Francisco. The New York City law has survived judicial scrutiny and is based on the fact that the new law will help protect the public health and save taxpayer dollars currently spent on the healthcare of smokers.
The BOL Health Committee has spent much of 2022 discussing the proposed legislation and hearing from a large number of health experts, but also from a few opponents to the ban.
Supporters of the legislation include POW’R Against Tobacco, African American Tobacco Control Leadership Council, the American Heart Association and Tobacco-Free Kids. All of these organizations had representatives who spoke to the Health Committee and presented the following facts:
Tobacco use remains the leading cause of preventable death in the United States and contributed to many forms of cancer, and heart and respiratory disease. 45,000 people in NY State die every year from tobacco related illness.
The estimated financial cost of tobacco use in New York is $17.72 billion per year in direct healthcare expenses and lost productivity. And every year in New York, 5,800 children become smokers.
The most popular flavored cigarettes are menthol cigarettes. And the opposition over the proposed ban on flavored cigarettes in Westchester has come from several members of the African American community, who claim that the ban would disproportionally impact their community.
Representatives from convenience stores, and tobacco companies, are also opposed to the ban. Both would lose significant revenue if the ban were enacted.
But the opposition from some in the African American community is contrasted by the large amount of data and research that shows the harm that menthol and flavored cigarettes present to young adults and adult smokers.
According to the American Heart Association, “The massive growth in popularity of menthol cigarettes over several decades is the result of the tobacco industry’s intense and persistent targeting of Black communities, women and youth. These are the findings of a new research study by Stanford Medicine, and the AHA.”
“This study is a compelling addition to the overwhelming evidence showing that tobacco companies directly target populations including Black communities, women and youth with menthol cigarettes, which make it easier to get hooked and are much tougher to quit than other tobacco products,” said Rose Marie Robertson, M.D, and medical officer of the American Heart Association. “They should no longer be sold.”
Menthol cigarettes are used by 85% of Black people who smoke and 44% of women who smoke, compared to 30% of non-Hispanic white people who smoke. More than half of teens who begin smoking start with a menthol brand. Numerous studies have shown that the cooling sensation of menthol cigarettes makes them easier to inhale deeply, which leads to a higher dose of nicotine and a stronger addiction as compared to other cigarettes.
Other data presented by supporters of a flavored cigarette ban include:
• This legislation will NOT lead to the arrest and incarceration of more Black and Brown New Yorkers. The law only restricts the sale of menthol cigarettes across the county’s retail network. It will still be legal to use or possess menthol cigarettes in Westchester.
• This bill will NOT cause Westchester to suffer massive losses to its tax revenue because of a restriction on the sale of menthol cigarettes. Tobacco sales have been declining for several years, and any additional decline would be offset by a decline in the exorbitant healthcare costs that are placed upon Westchester because of smoking-caused illnesses.
We spoke with County Legislator Jewel F. Williams- Johnson, Chair of the BOL Health Committee, about the proposed law. “This proposed legislation would ban all flavored tobacco products, not just menthol cigarettes. We are moving forward because of the health implications for those who use the product and kids who have increase attractiveness because of the flavoring.”
Legislator Johnson said that earlier this year, the Health Committee changed the enforcement of the law if passed. Now the Westchester County Department of Health will issue violations to any store that is selling flavored cigarettes, and not the county police or any law enforcement agency.
“This bill targets businesses and not individuals. So, if a person is selling individual cigarettes on the street, (known as loosies) they would not be affected by this law. The bill is targets to retail owners, and not a person walking along the street with a cigarette. I hope this comes across loud and clear.”
Legislator Johnson said that health implications are the reason for the law. “Tobacco use remains the primary cause of preventable death. And the financial cost of tobacco use in Westchester and New York State, are in the billions.”
“We also know that 5,000 children become smokers in NY because of the flavors. They are initiated into tobacco use and then they turn into daily smokers. The taste of regular cigarettes is harsh to a first-time smoker, but the flavors like menthol, cools and numbs the throat. Those types of cigarettes are appealing to get people to start smoking, and tobacco companies use flavored tobacco as a progression into other nicotine,” said Leg. Williams-Johnson.
“This bill doesn’t target black people and I get peeved when I hear that. Instead of being mad at this bill, we should be mad at the tobacco industry for targeting black people. They have desperately preyed on the black community.”
“I believe that I have a majority on the Board to pass this, although there is some pushback who prefer that the focus be on education instead of a ban. We plan on adding funding in next year’s budget for education and for nicotine patches. But we need to approach this from as many angles that we can. I’m hoping that Westchester can lead the way in our region.”
Speakers against the flavored cigarette ban have included the media publication Black Westchester, and Gwen Carr, mother of Eric Garner, who was killed by the NYPD for selling loose cigarettes. “We believe this county law will affect Black communities more than White communities. Depending on the data used, it is estimated that 74% to 95% of Black Americans smoke menthol cigarettes, and only 22% to 36% of White American smoke menthol cigarettes. Policies like a menthol cigarette ban will increase crime. Increase police interactions. The number of people being pulled over and stopped will increase. The number of innocent Black men in jail will increase. Increase black market sales of menthol products from jurisdictions where it is legal. Let’s also remember that youth smoking is at an all-time low of 3.3 percent, according to the Centers for Disease Control (CDC). At the same time, overall crime rates since the pandemic have increased,” writes Black Westchester.
Gwen Carr, wrote to the Westchester BOL against the law. “When you ban a product sold mostly in Black communities but do not have the same ban in other communities, you must consider the fairness of such an approach as well as the reality of what will happen to that very same overrepresented community in the criminal justice system….If Westchester County Legislators decide to move forward with the proposed menthol ban without such consideration, it will unleash an unintended consequences storm in our community, which many members of our community would find quite discriminatory. We cannot afford to stand by and let that happen,” wrote Carr.
