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History
- Referred to health
Full text
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Sponsor's memo
BILL NUMBER:S7635
Title of bill
An act to amend the public health law, in relation to prohibiting the sale of electronic cigarettes
Purpose
To prohibit the sale or offering for sale of electronic cigarettes.
Summary of provisions
Section one amends Public Health Law § 1399-aa to define an electronic cigarette as a battery operated device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into vapor which is inhaled by the user.
Section two adds a section § 1399-11-2 to prohibit the sale or offering for sale any electronic cigarette.
Section three provides that the act shall take effect on the first of January succeeding its enactment.
Justification
Electronic cigarettes are products designed to deliver nicotine and other substance to a use in the form of a vapor. They are typically composed of a rechargeable, battery-operated heating element, a replaceable cartridge that may contain nicotine or other chemicals, and an atomizer that, when heated, converts the contents of the cartridge into vapor.
In 2009, the federal Food and Drug Administration (FDA) issued a press release warning individuals about the safety of electronic cigarettes. Their laboratory analysis revealed that some electronic cigarettes contain carcinogens and toxic chemicals such as diethylene glycol, an ingredient used in antifreeze that is toxic to humans. In February 2012, a 57 year old man reportedly suffered severe injuries when an electronic cigarette exploded in his mouth.
The U.S. Court of Appeals for the D.C. Circuit in Sottera, Inc. v. Food & Drug Administration, held that electronic cigarettes are not drugs or devices unless they are marketed for therapeutic purposes. Therefore, the cannot be regulated by the FDA as such. While the FDA intends to propose a rule deeming products meeting the definition of "tobacco products" to be subject to FDA regulation under the Family Smoking Prevention and Tobacco Control Act, in the meantime these devices remain completely unregulated. Due to the complete lack of regulation and evaluation for safety, electronic cigarettes pose a dangerous threat to the health and safety of New Yorkers. Therefore, this bill would place a ban on the sale of such products.
Legislative history
New bill.
Fiscal implications
None.
Effective date
The first of January next succeeding enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.