Includes "electronic cigarettes" within the definition of smoking

1 Co-sponsor

• David J. Valesky

BILL NUMBER:S6255A

Title of bill

An act to amend the public health law, in relation to including electronic cigarettes within the definition of smoking

Purpose

To include the use of electronic cigarettes within the definition of smoking.

Summary of provisions

Section 1. Amends subdivision 8 of section 1399-n of the Public Health Law by adding "electronic cigarette" to the meaning of "smoking".

Section 2. Establishes the effective date.

Justification

New York State legislators have been leaders in the protection of public health through legal bans of smoking cigarettes in a variety of venues. Not only have these prohibitions helped smokers in their effort to quit, but have had an immeasurable positive impact on those who are no longer forced to inhale second-hand smoke.

The combination of smoking bans and high cigarette taxes has resulted in a decreased number of smokers in New York. An unintended consequence, however, has been the dramatic rise of electronic cigarette (e-cigarette) use. According to a New York Times article, "Rise is Seen in Students Who use E-Cigarettes," September 5, 2013, e-cigarette use by middle and high school students doubled in 2012 from the previous your. A Wells Fargo analyst predicted that U.S. sales will double this year, going on to $1.7 billion (Are E-Cigarettes a Boon or a Menace?, National Geographic, Daily News, September 15, 2013).

Electronic cigarettes are battery operated devices that transform a liquid solution of nicotine into a smokeless, odorless vapor. While many have successfully used such devices to quit or cut down on regular cigarettes use, it seems that those who would not have tried a traditional cigarette feel comfortable trying the e-cigarette. While manufacturers insist the e-cigarettes are safer than tobacco cigarettes, public health advocates differ, maintaining that more research is needed. E-Cigarettes are relatively new and there has been no significant consensus indicating whether they are safe for the smoker, or if they have any impacts on the environment.

Currently, there is a legal limbo regarding e-cigarettes. The United States Food and Drug Administration (FDA) has not issued regulations covering e-cigarettes. Because the FDA has not issued regulations, e-cigarette companies can advertise them so that marketing efforts target youth. New York State has outlawed the sale of e-cigarettes to minors. Aside from this ban, however, there are no laws governing where e-cigarettes can be smoked. Some hotels, airports and nightclubs ban e-cigarettes while others do not.

This legislation clarifies the legalities surrounding the use of e-cigarettes. It ensures that all New Yorkers are protected while providing public health experts and scientists the time needed to investigate the health impacts of e-cigarettes.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.