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Bill

A 11208

Requires certain retailers stock nicotine replacement therapy products

2025 Regular Session Introduced by Keith Powers

New York retailers selling tobacco must stock at least one FDA-approved nicotine replacement therapy product, display it, and promote the state quitline.

REFERRED TO HEALTH
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Bill Summary · A 11208

Overview

  • Bill: A 11208 (2025-2026 Session, New York)
  • Introduced by: Assembly Member Powers (co-sponsored by Keith Powers)
  • Committee: Health
  • Purpose: Require tobacco product retailers (except cigar shops) to stock and offer for sale nicotine replacement therapy (NRT) products approved by the FDA, and to display information about NRT availability and the state's quitline.

Main purpose and intent

  • Ensure that retailers that sell tobacco products actively stock and offer FDA-approved nicotine replacement therapy products to support tobacco cessation.
  • Increase visibility and awareness of cessation resources, including quitline information.

Key provisions and changes

  1. NEW REQUIREMENT for retailers
    • Any entity (other than a cigar shop) that sells, offers for sale, or distributes tobacco products in New York must maintain a stock of at least one FDA-approved NRT product (drug, device, or combination) for cessation.
  2. Discretion on product mix
    • Retailers may determine:
      • The number and type of NRT products to stock.
      • The quantity of each NRT product.
      • Whether to stock more than one type of NRT product.
  3. Stock replenishment timeline
    • If a retailer sells out their entire NRT stock, they have five business days to place a new order.
    • They must resume stocking and offering NRT products within fourteen days after selling the last NRT product.
  4. Display and informational requirements
    • Retailers must:
      • Display NRT products behind the sales counter.
      • Provide printed notices within the store that NRT products are available at that location.
      • Display the official logo, phone number, and website of the New York State Smokers’ Quitline (or successor program).
  5. Administrative details
    • The New York State Commissioner may establish additional requirements for how and where the informational materials are displayed, including size and other characteristics.
  6. Definitions
    • Cigar shop: A retail establishment that sells only cigars and related accessories (even if they sell other non-tobacco items).
    • Tobacco product: Broadly defined to include traditional tobacco products, vapor products, and components/accessories containing tobacco or nicotine.

Who is affected

  • Primary: Retailers that sell or distribute tobacco products in New York, excluding cigar shops.
  • Affected entities may include convenience stores, gas stations, supermarkets, and other outlets that carry tobacco products.
  • Consumers seeking NRT products at these retail locations would be directly impacted by increased access and visibility.

Timelines and effective date

  • Effective date: The act would take effect 60 days after becoming law.
  • Stocking obligations and display requirements apply following the effective date, with replenishment timelines triggered by stockouts (five business days to reorder; fourteen days to restock after last sale).

Potential impact and considerations

  • Access: Could improve public access to cessation aids and potentially support tobacco quit attempts.
  • Compliance: Retailers will need to adjust inventory practices and ensure proper display and informational signage.
  • Public health: Aligns with broader tobacco control and cessation efforts by increasing awareness of FDA-approved NRT options and quitline resources.
  • Enforcement: Likely to involve regulatory oversight by the Department of Health; the commissioner may issue specific display requirements.

Notes

  • The bill excludes cigar shops from the requirement.
  • The bill defines tobacco products broadly to encompass traditional products, e-cigarettes/vapor products, and related components.

Compiled from official sources — confirm details with the bill’s official record.

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