ALBANY, N.Y. — New York State’s tax on tobacco and nicotine products now applies to alternative nicotine products, such as oral nicotine pouches, gum, or lozenges.
The law, which adds a 75% tax to the wholesale price of items, was included in the state budget and goes into effect on Tuesday. Lawmakers who advocated for the law cited health concerns for even non-smokeable nicotine products. However, others were concerned that the tax could deter smokers from switching to a safer alternative.
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Normally, the distributor pays the tax on nicotine products like cigarettes. However, for alternative nicotine products, the state says all sellers must file a floor tax return and pay the taxes by Sept. 21. The state says that’s because the new tax hasn’t been paid for alternative nicotine products held in the inventories of wholesale and retail dealers. You can learn more about filing a tax return on the Department of Taxation and Finance website.
In addition, anyone who imports or sells alternative nicotine products in New York must be registered as a tobacco products distributor, wholesale dealer, or retail dealer before Sept. 1. If you already have a license to sell tobacco products, you don’t need to register again to sell alternative nicotine products.
Some pouches, such as the brand “Zyn”, have become increasingly popular among young people. The health effects of nicotine pouches are still being studied. The Centers for Disease Control and Prevention stated there are no safe tobacco products.
What counts as alternative nicotine products
The state considers an “alternative nicotine product” as anything that contains nicotine but not tobacco and is not smokeable. It doesn’t include nicotine products regulated by the Food and Drug Administration, such as drugs approved to help with quitting smoking.
NY taxes on alternative nicotine products, like pouches or gum, begin Tuesday WHEC.com.
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