What's happening
This bill prohibits the sale and distribution of flavored e-liquids for e-cigarettes, except for tobacco and menthol flavors, in New York.
Why it matters
Limits youth appeal and potential addiction. By banning flavored e-liquids (except for tobacco and menthol), the bill targets flavors—like fruit, candy, dessert, and alcohol—that are particularly attractive to young people, aiming to reduce youth initiation and use of e-cigarettes.
Creates significant financial penalties. Retailers face fines up to $100 per package of banned product sold, while manufacturers could face civil penalties up to $50,000 per brand or style found in violation. This creates a strong financial disincentive for illegal sales and manufacturing.
Broadens enforcement and community involvement. The bill allows not only designated enforcement officers but also any individual to submit complaints about violations, potentially increasing detection and enforcement of the new rules.
Narrows exceptions to only tobacco and menthol. By explicitly stating that only tobacco and menthol flavors are permitted, the law closes loopholes and prevents companies from introducing new or ambiguous flavors that might otherwise skirt the intent of the ban.
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Who cares
Headline styles
Ban Flavored E-Cigarette Liquids
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1506
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Flavored E-Cigarette Liquids
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8610
IN SENATE
May 10, 2018
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1399-mm-1 to read as follows:
§ 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "flavored e-liquid" shall mean a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette which contains a natural or artificial constituent or additive that causes such e-liquid or its smoke to have a characterizing flavor.
(b) "characterizing flavor" shall mean a distinguishable taste or aroma, including but not limited to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring, but shall not include tobacco or menthol.
2. No person shall sell, offer for sale or distribute in this state any flavored e-liquid or e-cigarette containing flavored e-liquid. No other provision of law authorizing the sale of tobacco products shall authorize the sale of flavored e-liquid.
3. Any person other than a manufacturer who violates the provisions of this section shall be subject to a fine of not more than one hundred dollars for each individual package of flavored e-liquid product sold or offered for sale. A manufacturer may be subject to a civil penalty not to exceed fifty thousand dollars for each brand or style of such manufacturer's tobacco products that is found to have been sold or offered for sale in violation of this section on more than one occasion during any thirty day period, provided, however, that with respect to a manufacturer, it shall be an affirmative defense to a finding of violation pursuant to this section that such sale or offer of sale, as applicable, occurred without the knowledge, consent, authorization and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13378-01-7
S. 8610 2
involvement, direct or indirect, of such manufacturer. Violations of this section shall be enforced pursuant to section thirteen hundred ninety-nine-ff of this article, except that any person may submit a complaint to an enforcement officer that a violation of this section has occurred.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes
Purpose
To amend the Public Health Law, in relation to prohibiting the sale and distribution of flavored "e-liquids" for use in electronic cigarettes and electronic cigarettes containing such flavoring.
Summary of provisions
Section one of the bill amends the Public Health Law by adding a new section 1399-mm-1, which bans the sale and distribution of any flavored e-liquid or e-cigarette in New York State.
Section two of the bill establishes the effective date.
Justification
While conventional cigarette use has declined, electronic cigarette use is on the rise- especially amongst adolescents and young adults. According to a 2016 report by the U.S. Surgeon General, young adult users of e-cigarettes (ages 18 through 24) are much more likely to use flavored e-cigarettes than users over the age of 25. The Surgeon General also reported that the majority of youth who have tried e-cigarettes first used a flavored product. In these surveys, youth noted flavoring as one of their biggest draws to trying electronic cigarettes, in addi- tion to curiosity and a perceived lower risk when compared to tradi- tional tobacco products.
Electronic cigarette companies use colorful packaging and enticing flavors to lure young people at their most vulnerable age for smoking. According to a 2014 report from the Surgeon General, nine out of ten smokers began before the age of 18, and studies show that the likelihood of them starting to smoke decreases as they enter their twenties. Tobac- co companies have long been using creative tactics to draw in adoles- cents and young adults to smoking and are now using flavoring to entice this demographic. This bill would eliminate the temptation for young people in New York State to try flavored electronic cigarettes and in turn reduce the number of people who become regular users of tobacco products.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.