300.000 TOBACCO USE AND SMOKING

(See also Health Insurance Coverage, 120.000; Health Screening  Programs, 125.000)

300.936           Requiring Stores That Sell Tobacco Products to Display NYS Quitline Information

The Medical Society of the State of New York wilk seek legislation and/or regulation that requires all stores licensed to sell tobacco or nicotine products to display to the public easily visible information about the NYS Quitline in multiple languages,

MSSNY will forward this resolution to the American Medical Association for consideration at the 2024 Annual Meeting seeking federal legislation and/or regulation requiring all stores licensed to sell tobacco or nicotine products to display easily visible information about the CDC hotline 1-800-QUIT-NOW in multiple languages and/or the information for the corresponding state or territory. (HOD 2024 – 154)

300.937           Vaping in New York State

The Medical Society of the State of New York commends NY Governor Andrew Cuomo and Commissioner Howard Zucker, MD of the NYS Department of Health for their prompt action to protect patients by banning the sale of flavored e-cigarettes and for their advice to consumers to avoid vaporization of medical marijuana available under the NYS medical marijuana program.  MSSNY recommends to Governor Cuomo, Commissioner Zucker and our NYS Legislature that they take further action to protect consumers from exposure to vaporized products with a moratorium on dispensing of vaporized products to new certificate holders for medical marijuana until data on the long term safety of vaporized marijuana is available. MSSNY recommends that our state and federal representatives work to reschedule marijuana and its’ component substances to Schedule II controlled substance to reduce barriers to further study on the efficacy and harms of various marijuana products and further that defined funding for the study of efficacy and harms of the current medical marijuana program be included in the New York State 2020-2021 budget to guide physicians and patients in the best and safest way to employ these agents and delivery systems in patient care. (Adopted Council, September 19, 2019)

300.938           Addressing the Vaping Crisis

The Medical Society the State of New York will urge the American Medical Association to advocate to the Food and Drug Administration that vaping devices should be available by prescription only for smokers who are trying to quit smoking.  (HOD 2019-155) 

300.939           Regulating Nicotine and E-Cigarettes

MSSNY will request that the American Medical Association (AMA) seek legislation or regulation that would limit higher concentration nicotine salts (greater than 10mg) in nicotine vaping pods and restrict bulk sale of vaping products and associated paraphernalia.  MSSNY will continue to partner with appropriate organizations to inform and educate the community on the harms of liquid nicotine and e-cigarettes. (HOD 2019-154)

300.940           Smoke-Free Multi-Unit Housing

The Medical Society of the State of New York supports the implementation of policies which incentivizes tenants and landlords to seek smoke free multi-unit housing. (HOD 2017-151)

300.941           Tobacco Products in Pharmacies and Healthcare Facilities

The Medical Society of the State of New York supports the prohibition of the sale of any tobacco or vaporized nicotine products where healthcare is delivered or where prescriptions are filled.  The New York Delegation will submit a copy of this resolution to the American Medical Association for its consideration. (HOD 2016-150)

300.942            e-Cigarettes to Be Treated the Same as Tobacco Products: SUNSET HOD 2024

300.943           Electronic Cigarettes:

With regard to “e-cigarettes,” MSSNY supports prohibition of (1) the sale to individuals under the age of 21 years of age; (2) the sale in any facility where health care is delivered or where prescriptions are filled; and (3) their use in public places in accordance with New York State’s Clean Indoor Air Act. (HOD 2010-161; Amended and reaffirmed HOD 2020)

300.944           Eliminating Tobacco Products from Pharmacies and Grocery Stores:

MSSNY will publicly commend those pharmacies, grocery and retail chains which do not sell tobacco products and/or do not accept tobacco product advertising.  (HOD 2010-158; Reaffirmed HOD 2020)

300.945           Oppose Sale of Tobacco Where Patients Receive Health Care:

MSSNY opposes the sale of tobacco at any facility where health care is delivered or where prescriptions are filled.  (HOD 2008-172; Reaffirmed HOD 2010-158; Reaffirmed HOD 2020)

300.946           Second-Hand Smoke Policies to Apply to the Pediatric Population:

MSSNY supports policies that eliminate exposure to second-hand smoke in the pediatric population.  (HOD 2008-158; Reaffirmed HOD in lieu of 2017-150)

300.947        Support Federal Drug Administraton Authority to Regulate Tobacco Products:

MSSNY supports the authority of the Food and Drug Administration to regulate all tobacco products.  (HOD 2007-163; Modified with title change and Reaffirmed HOD 2017)

300.949         Amend NYS Clean Indoor Air Act:

MSSNY will take a leadership role in seeking passage of amendments to New York State’s Clean Indoor Air Act which further limits smoking in public places.  (HOD 2002-151; Reaffirmed HOD 2013; reaffirmed HOD 2023)

300.950        Funding of the U.S. Tobacco Suit: Sunset HOD 2011

300.951           Proposals Against the Promotion of Tobacco to Children in New York State:

The Medical Society of the State of New York supports legislation to:

1. a) limit the promotion of tobacco and cigar products, smokeless tobacco products, electronic cigarettes or other unregulated nicotine delivery devices in the state;

(b) prohibit the sale of tobacco and cigar products, smokeless tobacco products, electronic cigarettes or other unregulated nicotine delivery devices to anyone under 21 years of age;

(c) increase the penalties for the sale of any of these products to persons under 21 years of age;

and will introduce a similar resolution to the American Medical Association at its next meeting of the House of Delegates.  (HOD 2000-169; Modified HOD 2014-158; Reaffirmed HOD in lieu of 2017-150)

300.952           More Nicotine-Replacement Therapy for Hospitalized Smokers: SUNSET HOD 2014

300.953           Study on the Possible Use of Pneumococcal Vaccine for Chronic Smokers: SUNSET HOD 2014

300.954          Tobacco Settlement Funds: SUNSET HOD 2024

300.955           Tobacco Tax Use: 

MSSNY will support legislation that would increase the state tax on the sale of tobacco products, with the proceeds to be used for a comprehensive anti-tobacco campaign, expanded access to clinical care for uninsured New Yorkers, including care provided by private physicians, and other appropriate purposes.  Included in the anti-tobacco effort would be an anti-tobacco advertising campaign.  (HOD 1999-56; Reaffirmed HOD 2014; Modified and reaffirmed HOD 2024)

300.956            Prohibition of Smoking on Hospital Grounds: SUNSET HOD 2014

300.957            Tobacco Ads on New York City Taxi Cabs: SUNSET HOD 2014

300.958            Smoking in Bars and Nightclubs: SUNSET HOD 2014

300.959            Doubling the New York State Excise Tax on Cigarettes: SUNSET HOD 2014

300.960            Smoking Ban in Public Areas: SUNSET HOD 2014

300.961            Ban Cigarette Vending Machines: SUNSET HOD 2014

300.962           Increase State Excise Tax On Cigarettes: SUNSET HOD 2014v

300.963           Local Tobacco Ordinances, State Preemption of: 

MSSNY supports the right of local jurisdictions to enact tobacco control regulations that are stricter than those contained in state statutes and strongly opposes efforts to preempt this right through state legislation.  (HOD 1996-158; Modifed and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.964           Advertising in Mass Transit Systems: SUNSET HOD 2014

300.965           Advertising as a Business Deduction: 

MSSNY supports state and federal legislation that would reduce the amount that the tobacco industry claims as a business deduction for costs related to advertising and promotion.  (HOD 1993-83; Modified and reaffirmed HOD 2014)

300.966           Tobacco Subsidies: 

MSSNY supports efforts to enact federal legislation which would discontinue the subsidies to tobacco farmers.  (HOD 1993-86; Modified and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.967           Sales Tax Increase on Alcohol and Cigarettes: SUNSET HOD 2014

300.968           Pharmacies – Commendation for Not Selling Tobacco Products:

MSSNY publicly commends pharmacies that do not sell tobacco products and asks its members and patients to patronize pharmacies that do not sell tobacco products.  (Council 10/29/92; Modified and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.969           Tobacco Industry “Health Education”: 

MSSNY continues to reject the tobacco industry as a credible source of health education material, and encourages state and local medical societies to actively advise municipalities and school districts against use of health education material sponsored or distributed by the tobacco industry. (Council 10/29/92; Modified and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.970           Advertising on Billboards, at Sporting Events, in Stores and Restaurants: SUNSET HOD 2014

300.971           Adolescent Tobacco Prevention Act – Support of:   SUNSET HOD 2014

300.972           Smoking Ban in Sports Stadia:  SUNSET HOD 2014

300.973           Warning Labels on Cigarette Packs: 

MSSNY supports having:  (1)  Warning labels on cigarette packs which appear on the front and the back and occupy at least twenty-five percent of the total surface area on each side; and  (2)  In the case of cigarette advertisements, labels of cigarette packs should be moved to the top of the ad and should be enlarged to twenty-five percent of total ad space; and  (3)  Warning labels following these specifications should be included on cigarette packs of U.S. companies being distributed for sale in foreign markets.  (Council 5/14/92; Modified and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.974           Advertising within the Metropolitan Transit Authority System:        SUNSET HOD 2014

300.975           Governor’s Program Bill – 1991:       SUNSET HOD 2014

300.976           Advertising at Sporting Events:        SUNSET HOD 2014

300.977           Cigarette Vending Machine Ban:      SUNSET HOD 2014

300.978           Advertising Near Public Schools and Public Housing:       SUNSET HOD 2014

300.979           Tobacco Marketing Aimed at Women, Children and Minorities: 

MSSNY denounces marketing of tobacco products specifically aimed at woman, children and minorities.  (HOD 1990-31; Modified and reaffirmed HOD 2014; Reaffirmed HOD 2024)

300.980           Smoking on U.S. Domestic Commercial Flights: SUNSET HOD 2014

300.981           Magazine Advertisements: SUNSET HOD 2014

300.982          Tobacco Use As a Contributory Cause of Demise on Death Certificates:   SUNSET HOD 2013

300.983           Anti-Smoking Information in Primary School Curriculum and Restriction of  Sale of Tobacco Products to Minors:  SUNSET HOD 2023

300.984           Advertising Targeting Minorities: 

MSSNY recognizes that the targeting of advertisements for cigarette and other tobacco products toward minorities is unethical and should be opposed.  (HOD 1989-9; Modified and Reaffirmed HOD 2013; reaffirmed HOD 2023)

300.985           “Smokeless” Cigarettes: 

MSSNY strongly objects to “smokeless” tobacco in New York State and supports efforts to place the same restrictions on these products as presently exists on all other tobacco products.  (HOD 1988-23; Modified and Reaffirmed HOD 2013; Modified and Reaffirmed HOD 2023)

300.986           Smoking In Public Places:        SUNSET HOD 2013

300.987           Smoking Ban in Public Places and in Work Places:          SUNSET HOD 2014

300.988           Advertising and Distribution, Ban on the Sale of all Tobacco Products:     SUNSET HOD 2013

300.989           Hospitals’ Smoking Ban: SUNSET HOD 2013

300.990           Smoking in Airplanes: SUNSET HOD 2013

300.991           Minimum Allowable Age to  Purchase Tobacco Products: SUNSET HOD 2013

300.992           Advertising Against Cigarette and Other Tobacco Products: 

The Medical Society supports an allocation from the Tobacco Control Program  to be used specifically to purchase space in the mass media as a means of countering the current youth-oriented advertising campaigns of cigarettes and tobacco products.   (HOD 1985-6; Modified and Reaffirmed HOD 2013; reaffirmed HOD 2023)

300.993           Advertising in the Leading Prestigious Newspapers and Periodicals: SUNSET HOD 2013

300.994           Restaurants, Non-Smoking Areas: SUNSET HOD 2013

300.995           “No Smoking” Signs in Physicians’ Offices: SUNSET HOD 2013

300.996           Hospitals’ Cigarette Vending Machines: SUNSET HOD 2013

300.997           Designated Smoking Areas: SUNSET HOD 2013

300.998           National Effort to Reduce Smoking, Support of: SUNSET HOD 2013

300.999           Smoking Cessation Programs: 

MSSNY supports smoking cessation programs organized and publicized through appropriate voluntary health agencies, and which have public health support and participation of physicians and health professionals.  (Council 5/24/73; Modified and Reaffirmed HOD 2013; reaffirmed HOD 2023)

309.948        Tobacco Use and Smoking:

MSSNY encourages its members to maintain a tobacco-free environment and prohibit all forms of tobacco use on their property and, supports efforts to educate physicians in tobacco cessation techniques based on the most recent treatment guidelines for tobacco use and dependence.  (HOD 2007-162; Modified and Reaffirmed HOD 2017)

MSSNY encourages its members to maintain a tobacco-free environment and prohibit all forms of tobacco use on their property and, also, continue to educate physicians in tobacco cessation techniques based on the most recent treatment guidelines for tobacco use and dependence.  (HOD 2007-162)