New York Expands Tobacco Tax to Include Nicotine Pouches

TOBACCO-FREE CNY, JULY 8, 2026 – Tobacco-Free CNY, a partner in the New York State Tobacco Control Program, applauds the passage of the FY 2027 Executive Budget, which closes a loophole by including nicotine pouches in the definition of taxable tobacco products. This evidence-based policy win is a significant step forward in protecting New Yorkers, especially young people, from nicotine addiction.

Flavored nicotine products are especially concerning because they are more appealing to young people. In New York State, 9.9% of youth report using other tobacco products, which include nicotine pouches. These products are easy to use without being noticed, come in many flavors, and can contain high levels of nicotine, all of which increase youth appeal. Although these products are legal only for adults 21 and older, underage sales still occur.

Onondaga County Health Commissioner Dr. Kathryn Anderson states, “Nicotine pouches have been marketed as harmless products, but they deliver high levels of nicotine in a flavored and discreet form that appeals to young people. Taxing them like other nicotine products is the right step.”

A key misconception promoted by Philip Morris International, the maker of ZYN, is that nicotine pouches are approved by the FDA to help people quit smoking. This is not true. Although these products are often described as “harm reduction,” they do not treat nicotine addiction. Some pouches contain nicotine levels of up to 12 mg, which may increase dependence and encourage frequent use. Concerns are further raised by the growing number of products available in many flavors and strengths.

Overall, nicotine pouches are an increasing source of youth nicotine exposure and do not support adults in quitting. Applying existing tobacco tax policies to these products is a practical, evidence-based way to reduce use and protect public health in New York State.  For more information, contact Tobacco-Free CNY at tobaccofreecny.org.