New York Bans Flavored Electronic Cigarette Products

This week, at the direction of the Governor, the Public Health and Health Planning Council (PHHPC) voted on emergency regulations banning the sale of flavored electronic cigarettes and nicotine e-liquids. New York is the first state in the nation to ban such products. The Department of Health will provide retailers with an approximate two-week grace period before conducting visits to enforce the flavoring ban beginning on Friday, October 4. Local health departments and the Department’s District Offices, with State oversight, will handle enforcement. Retailers who violate the ban will face fines of up to $2,000 per violation, which is defined as each unit of flavored e-liquid or product containing e-liquid that is possessed, manufactured, sold or offered for sale.

The Governor has also directed State Police and DOH to immediately partner to ramp up enforcement efforts against retailers who sell to underage youth, with the possibility of criminal penalties, in addition to announcing that he will advance legislation to ban deceptive marketing of e-cigarettes to teens and children.

Governor Cuomo said:

“It is undeniable that vaping companies are deliberately using flavors like bubblegum, Captain Crunch and cotton candy to get young people hooked on e-cigarettes – it’s a public health crisis and it ends today. New York is not waiting for the federal government to act, and by banning flavored e-cigarettes we are safeguarding the public health and helping prevent countless young people from forming costly, unhealthy and potentially deadly life-long habits.”

DOH Commissioner Howard Zucker said:

“The alarmingly high numbers of young people in New York State who are using vape products is nothing short of a public health crisis. These regulations are a part of many critical steps we are taking to combat this disturbing trend. We will continue to be aggressive in our efforts to prevent nicotine addiction and bad marketing practices under Governor Cuomo’s leadership.”