Tobacco Product Sale Complaint

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Under City law, it is illegal to sell flavored tobacco products. The City's ban does not apply to cigarettes. The sale of flavored cigarettes is already banned under federal law.

Businesses can sell tobacco products with these tastes or aromas:

  • Menthol
  • Mint
  • Wintergreen
  • Tobacco

You can report a business (excluding tobacco bars) that sells tobacco products with these banned tastes or aromas:

  • Fruit
  • Chocolate
  • Vanilla
  • Honey
  • Candy
  • Cocoa
  • Dessert
  • Alcoholic beverage
  • Herb
  • Spice

Report the sale of banned tobacco products by a:

    What Happens Next

    To receive follow up on your request, you must provide your address. The Department of Consumer and Worker Protection (DCWP) will mail you a complaint form, which you must complete and return. If you also provide an email address with your Service Request, you will receive the form by email instead. Be sure to check your spam folder in addition to your inbox.

    DCWP will consider your complaint a tip if you do not provide your address.

    Cigarette and Tobacco Products Price Floors

    Local law established price floors for cigarettes and tobacco products. Retail dealers cannot sell or offer to sell packages of cigarettes or tobacco products for less than the established price floors. 

    Price floors are:

    • Package of CIGARETTES: $13.00 (including sales tax) or $11.94 (excluding sales tax)
    • Package of 20 LITTLE CIGARS: $10.95, excluding other tobacco products (OTP) and sales tax
    • Package of CIGARS: $8.00 for the first cigar, plus $1.75 for each additional cigar, excluding OTP and sales tax
    • Package of SMOKELESS TOBACCO: $8.00 per 1.2 ounces, plus $2.00 for each additional 0.3 ounces, excluding OTP and sales tax
    • Package of SNUS: $8.00 for the first 0.32 ounces, plus $2.00 for each additional .08 ounces or any fraction thereof, excluding OTP and sales tax
    • Package of SHISHA: $17.00 per 3.5 ounces, plus $3.40 for each 0.7 ounces or any fraction thereof more than 3.5 ounces, excluding OTP and sales tax
    • Package of NON-TOBACCO SHISHA: $17.00 per 3.5 ounces, plus $3.40 for each 0.7 ounces or any fraction thereof more than 3.5 ounces, excluding OTP and sales tax
    • Package of LOOSE TOBACCO: $2.55 per 1.5 ounces, plus $0.51 for each 0.3 ounces or any fraction thereof more than 1.5 ounces, excluding OTP and sales tax

    Minimum Package Sizes

    Local law established minimum package sizes for cigarettes, tobacco products, and shisha. Retail dealers cannot sell or offer to sell cigarettes, tobacco products, or shisha that do not comply with minimum package requirements, which are:

    • At least 20 CIGARETTES in a package
    • At least 20 LITTLE CIGARS in a package 
    • No less than 0.32 ounces in a package of SNUS
    • No less than 1.2 ounces in a package of SMOKELESS TOBACCO
    • No less than 3.5 ounces in a package of SHISHA or NON-TOBACCO SHISHA
    • No less than 1.5 ounces in a package of LOOSE TOBACCO

    Complaint

    You can file a complaint about a Tobacco Retail Dealer that sells or offers to sell:

    • Cigarettes and tobacco products for less than established price floors.
    • Tobacco products and shisha that do not comply with minimum package size requirements.

    A City representative will ask you questions to help you file a complaint.

    Call 311 or 212-NEW-YORK (212-639-9675) for assistance.

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