Hochul faces backlash from fellow Democrats over 'unjust' proposal to ban sale of flavored tobacco products

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New York Democrat Gov. Kathy Hochul has found herself in hot water — even from her own party — over her proposal to prohibit the sale of flavored tobacco products in the Empire State.

Earlier this week, Hochul, who was elected to serve a full term as governor of New York last November, released her budget proposal which includes a prohibition on the sale of all flavored tobacco products, as opposed to just flavored vaping products, and an increase in the state cigarette tax from $4.35 to $5.35 per pack.

Hochul's proposal, which aims to reduce the number of young smokers in the state and would eliminate the sale of menthol cigarettes, is now facing pushback from Democratic lawmakers and advocates in the state who are expressing concern over its economic impact.

"It’s harsh legislation, it’s unjust," New York Assemblyman Nader Sayegh, D-Yonkers, said, according to the New York Post. "It’s not equitable to say: ‘Stop smoking hookah but you can go smoke pot.'"

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New York Gov. Kathy Hochul gives a speech on Jan. 31, 2023 in New York City. (Michael M. Santiago/Getty Images)

Sayegh, a Jordanian-American who has represented the 90th district of the New York State Assembly since 2019, said the proposal, which could result in the closures of hookah bars in the state, is "unfair" to Middle Eastern and South Asian New Yorkers.

"I enjoy smoking hookah — I don’t abuse it — once in a while. It’s very enjoyable. It’s a cultural experience," Sayegh noted.

Sayegh is not the only one moving to criticize Hochul's proposal, which has faced opposition on a number of fronts. Others are pointing out the fact that flavored tobacco products, including menthol cigarettes, could be sold on the black market.

In an op-ed penned for Daily News, Guy Bentley, the director of Consumer Freedom, warned of economic consequences of the proposal and said, "Banning menthol cigarettes would put rocket boosters under the illicit tobacco market and reduce state revenues."

"Hochul should abandon the proposed ban. Youth smoking is at its lowest rate in decades and has almost disappeared in the state," Bentley wrote. "With safer nicotine alternatives making traditional smoking increasingly obsolete, public health can continue to improve without a menthol ban that would surely bring negative racial justice implications and usher in criminal punishments that would disproportionately impact New York’s minority communities."

Youssef Mubarez, of the Yemeni American Merchants Association, according to the Post, warned against the proposal due to its impact on small businesses and the likelihood that New Yorkers would find alternate ways to buy flavored tobacco products.

At Sahara East in the East Village area of New York City, clients puff on hookah pipes. (Carolyn Cole/Los Angeles Times via Getty Images)

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"Small businesses in New York are at risk of being squeezed out by the proposed illegal tobacco regulations, which would only stimulate a larger underground market and encourage people to buy unregulated products," Mubarez said.

"Let us not forget the case of Eric Garner," Mubarez added, referencing a Staten Island man who died in police custody in 2014 after being confronted for selling individual cigarettes from packs without tax stamps.

New York Assemblyman Kenny Burgos, D-Bronx, said he also believes "it wouldn't be wise to outright ban" hookah businesses that were provided a license to operate by the New York government.

"I think tobacco has always been a driver of negative health in New York and especially my neighborhood, but I think with New York City allowing licensing of hookah establishments it wouldn’t be wise to outright ban a business sanctioned by New York City," Burgos said.

In contrast to those criticizing the proposal, New York NAACP State president Hazel Dukes has offered support for Hochul's ban of tobacco products in the state.

"I’m glad Gov. Hochul is taking up the cause. This tobacco ban is on the NAACP’s legislative agenda," Dukes told the Post following Hochul's introduction of the proposal in her State of the State address last month.

New York Gov. Kathy Hochul presents her executive state budget in the Red Room at the state Capitol Wednesday, Feb. 1, 2023, in Albany, New York. (AP Photo/Hans Pennink)

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The governor's office is also taking the position that Hochul's proposal is part of her efforts to lead the "way to a tobacco-free generation."

"With commercial tobacco use the leading cause of preventable deaths, Gov. Hochul is leading the way to a tobacco-free generation to reduce youth smoking and prevent senseless deaths. As with any budget proposal, we will work with the legislature on the final details for the best way to protect public health," Hochul spokeswoman Hazel Crampton-Hays said, according to the Post.

Other portions of Hochul's $227 billion spending plan include a proposal to yet again revise state bail law, which is expected to be resisted by liberal state lawmakers, and a record 10% increase in school aid, to $34.5 billion.

The Associated Press contributed to this article.