Suffolk County Legislature Presiding Officer Paul J. Tonna (R – West Hills) has recently introduced legislation that would extend the ban on the distribution of free promotional samples of cigarettes, cigars, chewing tobacco, powdered tobacco, herbal cigarettes, or other tobacco products to any person within Suffolk County. Tonna’s action comes days after the Lorillard Tobacco Company contacted the Suffolk County Department of Health regarding their plans to distribute free cigarettes in Suffolk County bars.

"I am adamantly opposed to the practice of free cigarette distribution…." wrote Suffolk’s Health Commission, Dr. Clare B. Bradley in a letter addressed to both Tonna and Robert Gaffney, Suffolk’s County Executive. Bradley continued, calling the practice of distributing free cigarettes "unconscionable," and warned that it "will serve [only] to worsen the health of Suffolk County residents."

Tonna, the original sponsor of the tobacco lawsuit legislation in Suffolk County and the co-sponsor of Suffolk’s far-reaching smoking ban, defended the County’s latest measure. "We are not telling adults that they can’t smoke," Tonna said. "We are, however, forcefully telling the tobacco industry that we won’t tolerate them pushing a highly addictive and potentially deadly product in Suffolk County under the guise of a legitimate marketing scheme."

Section 437-3(L) of the Suffolk County Code has prohibited the distribution of free promotional samples of cigarettes, cigars, chewing tobacco and alike to minors since its origin in 1990. However, Section 1399-bb of the New York Public Health Law extended this ban in 1992 to cover all tobacco products and coupons redeemable for tobacco products to all individuals. There are exceptions in Section 1300-bb, however, for private functions; bars, factories and conventions, trade shows and tobacco- sponsored events, as long as the distribution is accessible only to persons over the age of 18.

Referring to the State Health Law’s exceptions, Tonna added "When industry manipulates the letter of the law purely for financial gain and self-interest, government regrettably has to step in and extend its influence beyond its original intent." With that, Presiding Officer Tonna blames the tobacco companies for Suffolk’s latest action.

"Instead of taking the high road, the tobacco industry, in this instance, has chosen a marketing strategy traditionally shared only by those in society who use the slogan, ‘The first one’s free, then you pay for the rest of your life.’

"Unfortunately, in this case, not only do you pay for the rest of your life," Tonna added, " you pay with the rest of your life."

Tonna’s new law will have few exceptions; those exceptions will be: private social functions; coupons obtained through the purchase of tobacco products; and coupons found in newspapers, magazines, or other types of publications which are redeemable for tobacco products to an individual 18 years or older. The purpose of Tonna’s new local law will be to extend the 1990 Suffolk County Ban on the distribution of free promotional samples of tobacco products to cover adults as well as minors in a manner that is more stringent that the existing law.

Tonna’s resolution is expected to be laid on the table at the Suffolk County Legislature’s next General Meeting. That meeting was held on Tuesday, August 28, 2001.