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

If you don't include your address or email with your Service Request, you won't receive follow up. The Department of Consumer and Worker Protection (DCWP) will consider your complaint a tip.

If you include your address, DCWP will mail you a complaint form. You must complete and return it to DCWP. If you provide your email address, you'll get the form by email instead. Check your spam folder if you don't see it in your inbox.

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

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

Price floors per package are:

  • Cigarettes: $13.00 (including sales tax) or $11.94 (excluding sales tax)
  • Cigars: $8.00 for the first cigar, plus $1.75 for each additional cigar, excluding OTP and sales tax
  • Little cigars (package of 20): $10.95, excluding other tobacco products (OTP) and sales tax
  • 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
  • Smokeless tobacco: $8.00 per 1.2 ounces, plus $2.00 for each additional 0.3 ounces, excluding OTP and sales tax
  • Shisha or 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
  • 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 these minimum package requirements:

  • Cigarettes: At least 20 in a package
  • Little cigars: At least 20 in a package
  • Snus: At least 0.32 ounces in a package
  • Smokeless tobacco: At least 1.2 ounces in a package
  • Shisha or non-tobacco shisha: At least 3.5 ounces in a package
  • Loose tobacco: At least 1.5 ounces in a package

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

The Department of Mental Health and Hygiene (DOHMH) accepts reports of shisha products sold to minors.

It’s illegal for businesses within 500 feet of a school to display in storefront windows or doors:

  • Advertisements for tobacco products, electronic cigarettes, or vapor products
  • Any item used to inhale tobacco or nicotine, including pipes, water pipes, hookahs, rolling papers, and vapes

Report illegal advertising near a school:

By Email

Email your complaint to consumers@dcwp.nyc.gov. Please be as specific as possible.

By Phone

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

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 (DCWP) does not accept reports of rude employees. 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 (DCWP) 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.

Online

Learn how to file a complaint about 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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