New York is no stranger to bad tobacco policy. For years, the state has led the nation in illegal cigarette sales, thanks to excessive taxes that have created a booming illicit market. Now, lawmakers in Albany want to repeat the same mistake — this time with nicotine pouches like Zyn.
Under the guise of public health, legislators are pushing a ban on these products, despite the fact that the U.S. Food and Drug Administration (FDA) has recognized them as a lower-risk alternative to traditional cigarettes. This proposal is not just misguided — it’s dangerous. It will fuel illicit trade, hurt small businesses, and make it harder for adult smokers to kick the habit.
If there’s one thing we know about prohibition, it’s that bans don’t eliminate demand. Instead, they push products underground, where criminal networks thrive.
New York already leads the nation in illegal tobacco sales. Nearly half of all cigarettes sold in the state are smuggled in from lower-tax states, according to the Tax Foundation. As sheriff of New York City appointed by Mayor Mike Bloomberg, my team innovated ways to tackle tobacco-related crime. This sophisticated underground trade isn’t just about avoiding taxes — it’s a multi-billion-dollar criminal enterprise run by organized crime groups, including cartels and violent gangs.
Banning nicotine pouches will only give these bad actors another lucrative product to exploit. Illicit tobacco networks are well-established, and they won’t hesitate to capitalize on a new illicit market profit opportunity. Instead of buying from regulated retailers who check IDs, consumers — especially young people — will turn to unlicensed street vendors and illegal online markets, where there are no age restrictions or quality controls.
We’ve seen this before. New York’s aggressive regulation of flavored vapes didn’t stop teenagers from using them — it just created an explosion of illegal, unregulated products flooding into the state from overseas manufacturers. Many of these products contain unknown chemicals and dangerously high nicotine levels.
Do we really want to make the same mistake again?
Smoking-related diseases kill more than 22,000 New Yorkers every year and the most vulnerable communities are those who need the most help quitting. New Yorkers living below the poverty line, African-American, Latinos, LGBTQ individuals, and those suffering mental health disorders are all more likely to smoke cigarettes. Taking away safer alternatives is a cruel decision that will only make it harder for them to quit.
Albany politicians claim this ban is about protecting public health. But if they truly cared about reducing tobacco-related harm for these communities, they’d be embracing nicotine pouches — not banning them.
Nicotine pouches are smokeless, spit-free, and free of harmful tar and combustion byproducts. The FDA has already authorized the sale of certain pouches, recognizing that they pose lower health risks than cigarettes and other forms of tobacco. Public health experts around the world agree that alternative nicotine products can play a critical role in helping smokers transition away from combustible tobacco.
Lawmakers should be encouraging adult smokers to switch to these products, not forcing them back to cigarettes or into the hands of unregulated dealers.
Beyond the public safety and health concerns, this ban will also be a major hit to New York’s legitimate retailers and tax revenues.
Corner stores and convenience shops rely on nicotine products as a key part of their business. Taking these off the shelves means fewer sales, fewer customers, and fewer jobs. Meanwhile, the state will lose out on tax revenue from legal sales, all while fueling an illegal market that pays nothing into state coffers.
It’s a lose-lose situation — except for the criminals who profit from bad policy.
New York doesn’t need another prohibition disaster. What we need is common-sense policy that actually works. Instead of banning products that help adult smokers reduce their risk, the state should focus on:
- Cracking down on illegal disposable vapes that are being smuggled into New York and sold to minors.
- Enforcing existing laws to prevent youth access to all nicotine products.
- Educating smokers on harm reduction rather than forcing them into more dangerous choices.
Banning nicotine pouches won’t stop people from using them — it will just push them underground, fueling more crime and undermining public health. If lawmakers are serious about protecting New Yorkers, they should reject this misguided proposal and embrace harm reduction instead.
It’s time for common sense, not prohibition.
Domenech served as the 117th sheriff of New York City. He was formerly chief operating officer of the DOJ’s Bureau of Alcohol, Tobacco, Firearms, and Explosives. He is a special advisor to the Tobacco Law Enforcement Network.
