26-278 : Wyatt, Everhart,Halton-Pope - Letter to Corp Counsel Regarding Menthol Ban

This agenda item, 26-278, concerns a letter from Councilmembers Wyatt, Everhart, and Halton-Pope to Corporation Counsel Rosa Pizzi requesting a formal written legal opinion on the City of Buffalo's authority to ban the sale of menthol cigarettes and other flavored tobacco products.

The Common Council previously approved a resolution on June 24, 2025, directing the Office of Corporation Counsel to draft local legislation for such a ban, citing concerns about the disproportionate health impacts on communities of color and young people. As of February 12, 2026, the Council has not received the requested legislation or a formal response.

The letter specifically asks for the opinion to address:

• The City's legal authority under New York State law (including the Municipal Home Rule Law) to enact such restrictions.
• Potential preemption by state or federal statutes.
• The legal and procedural steps required to move forward with a ban, if permissible.
• Potential risks, liabilities, and anticipated legal challenges.

The Council requests the opinion within 30 days to guide informed decision-making on this public health issue.