New York Bans Flavored Vapes and Pharmacy Sales Prohibition

New York State has implemented significant new tobacco control measures, including a ban on the sale of flavored nicotine vapor products and a prohibition on the sale of all tobacco and nicotine vapor products in pharmacies. These laws, part of Governor Andrew M. Cuomo’s Comprehensive Tobacco Control Policy and included in the enacted FY 2020-21 budget, took effect today.

State Commissioner of Health Dr. Howard Zucker stated, “The ban on flavored nicotine vapor products will protect our children, who, thanks to the tobacco industry’s marketing efforts, have been using vaping products at alarming rates.” He added, “Starting today, we will no longer permit Big Tobacco to target young New Yorkers for a lifetime of nicotine addiction.” The flavor ban exempts flavorless and tobacco-flavored nicotine vapor products, as well as any future FDA-approved flavored products (though none were approved at the time of the announcement).

This action was driven by data showing a dramatic increase in e-cigarette use by youth, largely attributed to appealing flavors like mint chocolate, bubblegum, and cherry cola. According to the Department of Health, nearly 40% of 12th-grade students and 27% of all high school students in New York State were using e-cigarettes, with high school use in 2018 being 160% higher than in 2014. Flavors were cited by many teens as the reason for both trying and continuing to use e-cigarettes.

The comprehensive policy also includes restricting the delivery of nicotine vapor products to only NYS-licensed dealers, limiting public display of these products near schools, requiring manufacturers to disclose ingredients, banning coupons and manufacturer discounts, and increasing penalties for illegally selling tobacco products to minors. Legislation to further prevent deceptive advertising targeting youth is also anticipated.

• Press release: New York State Department of Health Announces Statewide Ban of Flavored Nicotine Vapor Products Takes Effect Today

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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