New York State Assembly passed a budget that includes a ban on the sale of vapor products in flavors other than tobacco. The bill was passed at 3:38 a.m. on April 3 and with no public debate.
The bill effectively regulates vapor products the same as cigarettes, creating a uniform policy. Under the new legislation, no vape flavors besides tobacco is allowed, unless the flavor has received premarket approval from the Food and Drug Administration, no online sales to consumers, and no sales of e-cigarettes or e-liquids in pharmacies.
The bill also bans the sale of cigarettes in pharmacies. The penalty for selling or shipping a vapor product to a consumer in New York is a Class A misdemeanor and carries a fine of US$5,000 or $100 per vapor product.
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.”
Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1,500 feet of a school (500 feet for New York City). Coupons for vaping and tobacco products are also banned.
The ban on flavors goes into effect on May 19 while the rest of the bill’s provisions will be enforced starting July 1.