Back in September 2019, Governor Andrew Cuomo’s executive action to ban sales of flavored E-liquid was voted to pass by New York state health officials, but the ban never went into effect as it was blocked by the New York State Appellate Division. On Thursday, February 20th, 2020, New York Governor Andrew Cuomo announced a package of initiatives he supports to combat youth tobacco use, including a ban on the sale of all flavored vaping products in the state, including menthol flavors. That action was first put on hold by the courts, and eventually struck down entirely.
On April 3rd at around 3:30 am EST, the New York State Assembly passed bill S. 7506-B, which will ban sales of flavored vaping products (except tobacco), and prohibit online sales of all vaping products. The state didn’t bother to ban menthol cigarettes or flavored cigars, only vape products. The State Capital has been on lockdown for weeks because of the COVID-19 pandemic. The ban was passed in the middle of the night so there was no public debate. Governor Cuomo has been trying to get vapor products banned for some time and now he finally got the opportunity to sneak a bill under everyone's noses.
What’s Changing in New York?
Effective 45 days after being signed into law (Starting on May 18th, 2020)
- Sales of vapor products in flavors other than tobacco are prohibited.
- The prohibition does not apply to any flavored product that has received a premarket approval order (PMTA) from the Food and Drug Administration (this provision does NOT defer to the federal standard allowing manufacturers to market products for one year following FDA’s acceptance of their PMTA application).
Effective July 1, 2020
- Pharmacies are no longer allowed to sell any tobacco or nicotine product that isn’t an approved smoking cessation therapy.
- Online sales are banned (vaping is folded into the same provision that bans shipment of cigarettes to consumers). The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.
- A person other than a common or contract carrier can still transport vapor. products, but there is now a limit of 500 milliliters or 3 grams of nicotine.
- Coupons or “price reduction instruments” for tobacco products are banned.
- Vapor manufacturers must post a detailed ingredient list including a disclosure of “the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health of such product or its ingredients.” Manufacturers are also required to list “each byproduct that may be introduced into vapor produced during the normal use of such e-cigarette.” NOTE: This requirement does not apply to any other tobacco product.
- Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City).
Redmond, H. (2020). NY’s New Vape Flavor Ban Attacks Public Health Amid Public Health Crisis. Retrieved 10 April 2020, from https://filtermag.org/new-york-vaping-ban-flavors/
Marquez, G. (2020). New York war on vape , but soft on alcoholic ice cream. Retrieved 10 April 2020, from https://vapenw.com/blogs/news/new-york-war-on-vape-but-soft-on-alcoholic-ice-cream
New York State Assembly | Bill Search and Legislative Information. (2020). Retrieved 10 April 2020, from https://assembly.state.ny.us/leg/?bn=S.7506-B
NY – (UPDATED) Stand Up to Vaping/Flavor Bans! - CASAA. (2020). Retrieved 10 April 2020, from http://www.casaa.org/call-to-action/ny-stand-up-to-vaping-flavor-bans/