New York Highlights

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Tobacco use remains the leading cause of preventable death and disease in the United States and in New York. To address this enormous toll, the American Lung Association calls for the following actions to be taken by New York's elected officials:

  1. Increase funding for the New York state tobacco prevention and control program;
  2. Achieve tax parity across all tobacco products; and
  3. Eliminate enforcement loopholes on the sale of flavored tobacco products.
New York experienced another challenging year for statewide tobacco control policy in 2025. Following the momentum of the 2023 tobacco tax increase, advocates hoped to build on that success. However, the 2024 legislative session did not yield significant progress, and unfortunately, that trend continued into 2025.

It became clear that there was still insufficient legislative appetite to pass a comprehensive bill prohibiting the sale of flavored tobacco products. Despite strong advocacy efforts, the legislature also did not act upon a bill which would close loopholes in the flavored e-cigarette law. These loopholes continue to allow retailers to evade enforcement, distributors to sell prohibited products, and new additives to mimic banned flavors, undermining the intent of existing laws.

Compounding the challenge, the $7 million increase to the state tobacco control program two years ago was not retained in fiscal year 2025 or reinstated in fiscal year 2026. Funding reverted to just under $40 million, a level that has remained stagnant for years. Additionally, the funding and staffing cuts related to the federal government and the Office on Smoking and Health at the Centers for Disease Control and Prevention have led to major staff reductions at New York's tobacco control program.

Despite these setbacks, there were bright spots in 2025. New York began receiving funds from the Juul Labs Inc. settlement, including $4.228 million that was originally included in the fiscal year 2024 state budget, but not made available until now. These funds are being used to counter youth nicotine addiction through education, prevention, and cessation efforts. Another source of positive news is that local governments across the state continued to advance flavored tobacco sales restrictions, tobacco retailer licensing ordinances, and zoning laws to reduce tobacco use in their communities.

It is imperative that local and state officials achieve significant progress fighting tobacco during 2026. This includes cities such as Buffalo and New York City considering laws stopping the sale of all flavored tobacco products.

New York Facts
Healthcare Costs Due to Smoking: $10,389,849,268
Adult Smoking Rate: 9.30%
Adult Tobacco Use Rate: 15.00%
High School Smoking Rate: 2.10%
High School Tobacco Use Rate: 20.80%
Middle School Smoking Rate: N/A
Smoking Attributable Deaths per Year: 28,170
Adult smoking and tobacco use data come from CDC's 2023 Behavioral Risk Factor Surveillance System; adult tobacco use includes cigarettes, smokeless tobacco and e-cigarettes. High school smoking and tobacco use data come from the 2022 New York Youth Tobacco Survey. High school tobacco use includes cigarettes, cigars, smokeless tobacco, and electronic vapor products, as well as hookah, making it incomparable to other states. A current middle school smoking rate is not available for this state.

Health impact information is taken from the Smoking-Attributable Mortality, Morbidity and Economic Costs (SAMMEC) software. Smoking-attributable deaths reflect average annual estimates for the period 2005-2009 and are calculated for persons aged 35 years and older. Smoking-attributable healthcare expenditures are based on 2004 smoking-attributable fractions and 2009 personal healthcare expenditure data. Deaths and expenditures should not be compared by state.

New York Information

Learn more about your state specific legislation regarding efforts toward effective Tobacco Control.

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