Tobacco Product Sale Complaint

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You can report a problem with a business that sells tobacco products.

Tobacco products include:

  • Cigarettes
  • Cigars
  • Chewing tobacco
  • Pipe tobacco
  • Roll-your-own tobacco
  • Snus
  • Bidi
  • Snuff
  • Shisha
  • Dissolvable tobacco

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.

It's illegal to sell flavored tobacco products.

Businesses can only sell tobacco products with these tastes or aromas:

  • Menthol
  • Mint
  • Tobacco
  • Wintergreen

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

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

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

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

You can file a complaint about a store 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

You can’t sell these products to anyone under 21:

  • Products containing tobacco, including:
    • Cigarettes
    • Little cigars
    • Cigars
    • Shisha
    • Chewing tobacco
    • Powdered tobacco
    • Snus
    • Bidis
    • Gutka
  • Products used for smoking but do not contain tobacco, including:
    • Herbal cigarettes
    • Non-tobacco shisha
    • Pipes
    • Rolling paper
    • Water pipes
    • Hookah
    • Vaporizer
    • Anything else designed to inhale tobacco

Businesses must have a Tobacco Retail Dealer License to sell tobacco products directly to consumers. They must display the Department of Consumer and Worker Protection (DCWP) license and complaint sign in the store.

Businesses that sell tobacco products must display a:

  • DCWP license and complaint sign
  • Age Restriction Sign

The Department of Consumer and Worker Protection does not accept reports of rude employee behavior. You should report this type of complaint to the business.

For reports of discrimination, go to the Discrimination page.

The New York City Department of Consumer and Worker Protection can help you with complaints about businesses in New York City. For complaints about businesses elsewhere, contact the local Consumer Affairs office or the State Attorney General's office.

Online

Learn how to file a complaint for a business outside of NYC.

By Phone

  • Agency: Nassau County Consumer Affairs
  • Phone Number: (516) 571-2600
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: Suffolk County Consumer Affairs
  • Phone Number: (631) 853-4600
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: Westchester County Department of Consumer Protection
  • Phone Number: (914) 995-2155
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: New Jersey Division of Consumer Affairs
  • Phone Number: (973) 504-6200
  • Business Hours: Monday - Friday: 9 AM - 5 PM

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