Prohibits the sale of electronic cigarettes to persons under 18 years of age

6 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• Charles J. Fuschillo Jr.
• William J. Larkin Jr.
• Michael H. Ranzenhofer
• James L. Seward

BILL NUMBER:S2926B

Title of bill

An act to amend the public health law, in relation to prohibiting the sale of electronic cigarettes to minors

Purpose

This bill bans the sale and distribution of electronic cigarettes to persons under 18 years of age.

Summary of provisions

The bill amends Section 1399-aa of the Public Health Law by adding a new subdivision 13 to define "electronic cigarettes." The bill also amends section 1399-cc of the Public Health Law to prohibit the sale of electronic cigarettes to minors in the same way that the existing law regulates tobacco products, herbal cigarettes and shisha, and makes conforming changes to other sections of the Public Health Law.

Existing law

Currently, there is no prohibition on the sale of electronic cigarettes to minors.

Justification

Electronic cigarettes are battery-operated devices that vaporize cartridges filled with nicotine, flavor and other chemicals that the user inhales. Electronic cigarettes are currently marketed as a smoking cessation device or a healthier alternative to smoking traditional tobacco products.

Despite their widespread use, little is known about the risks associated with smoking electronic cigarettes. Recent testing by the United States Food and Drug Administration (FDA) has found that electronic cigarettes can be dangerous because users inhale carcinogens and tonic chemicals, such as diethylene glycol, an ingredient found in antifreeze. While the FDA will regulate electronic cigarettes in the future, the product is not currently regulated by any agency.

Electronic cigarettes are readily available over the Internet and in shopping malls. They are produced in different flavors to increase their appeal. Unlike traditional tobacco products, electronic cigarettes lack any health warnings comparable to FDA approved nicotine replacement products or conventional tobacco products. In addition, these devices are often made overseas in countries with less stringent standards for product quality than exist in the United States.

This legislation is needed to protect children and young adults from the dangers of smoking electronic cigarettes, particularly given that they have are unregulated and have not been proven to be safe for use at any age.

Legislative history

2010: S.6621 - Referred to Health

Fiscal implications

None.

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall become a law.