Prohibits the sale of electronic cigarettes to minors and items not defined as a tobacco product or approved by the FDA as a tobacco use cessation or harm reduction

BILL NUMBER:S695

Title of bill

An act to amend the public health law, in relation to prohibiting the sale of electronic cigarettes to minors and in relation to prohibiting the distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product

Purpose or general idea of bill

This bill seeks to ban the sale and distribution of items containing or delivering nicotine that are not currently classified as tobacco products or approved as tobacco use cessation or harm reduction products by the U.S. Food and Drug Administration (FDA), especially to minors.

Summary of specific provisions

Section 1 amends public health law 1399-cc to include electronic cigarettes in the law that prohibits the sale of tobacco products to minors. Defines the term "electronic cigarette" in subsection (d).

Section 2 adds public health law section 1399-mm. The section provides that products containing or delivering nicotine and intended for human consumption shall not be distributed or sold unless the FDA has given approval. The section grants the attorney general authority to issue an order compelling compliance with this provision and further grants the court the ability to impose a civil penalty for violations of this law.

Section 3 specifies the effective date.

Justification

Recent advertisements have touted "e-cigarettes" as a healthier alternative to traditional tobacco consumption and as a tobacco cessation product. These electronic cigarettes are battery-operated devices that vaporize cartridges filled with nicotine, flavor and other chemicals that the user inhales. Advertisements for these products omit any mention of FDA testing which found that users inhale carcinogens and toxic chemicals such as diethylene glycol, an ingredient found in antifreeze.

Given the unregulated nature of this product, there is no way of knowing the amount of nicotine in each cigarette, the amount that is delivered with each inhalation, or the contents of the vapor created in the process. "E-cigarettes" are often marketed and sold to young people and are readily available online and in shopping malls. They are produced

in different flavors, such as chocolate and mint in order to increase their appeal to all segments of the population. These products also lack any health warnings comparable to FDA-approved nicotine replacement products or conventional cigarettes. The devices are often made overseas in countries with less stringent standards for product quality than they exist in the united States.

Prior legislative history

2010 - S.7234 REFERRED TO HEALTH - A.9529 Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that section two of this act shall take effect on the 60th day after it shall have become law.