What's happening
This bill prohibits the sale or distribution of flavored electronic cigarettes at low or no cost in New York State.
Why it matters
Targets marketing tactics. By banning the sale or distribution of flavored e-cigarettes at low or no cost—including through coupons or rebates—the bill aims to reduce the appeal and accessibility of these products, especially among youth and price-sensitive consumers.
Defines key terms carefully. The bill creates specific legal definitions for “flavored electronic cigarette” and “characterizing flavor,” establishing clear criteria for enforcement and closing potential loopholes (e.g., all flavors except tobacco, clove, or menthol are included).
Enforcement and penalties. The law sets out who can be penalized (anyone except manufacturers) and clarifies that violations can be reported by any person, potentially increasing community involvement and the likelihood of enforcement actions.
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Who cares
Headline styles
Ban Cheap Flavored Vapes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9578
IN ASSEMBLY
January 24, 2020
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend public health law, in relation to the sale of flavored electronic cigarettes at low or no cost
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1399-aa of the public health law is amended by adding two new subdivisions 14 and 15 to read as follows:
14. "Flavored electronic cigarette" or "flavored e-cigarette" means an electronic cigarette or e-cigarette, as defined in subdivision thirteen of this section that contains a characterizing flavor in any of its component parts.
15. "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; clove; or menthol.
§ 2. The section heading of section 1399-bb of the public health law, as amended by chapter 4 of the laws of 2018, is amended and three new subdivisions 6, 7 and 8 are added to read as follows:
Distribution of tobacco products, flavored electronic cigarettes or herbal cigarettes without charge.
6. No person, either directly or indirectly by an agent or employee of such person, or by a vending machine owned by or located in an establishment owned by such person, shall sell, offer for sale, distribute for commercial purposes at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person in this state any flavored electronic cigarette as defined in section thirteen hundred ninety-nineaa of this article.
7. Any person other than a manufacturer who violates the provisions of subdivision six of this section shall be subject to penalties pursuant to section thirteen hundred ninety-nine-ee of this article.
8. Violations of subdivision six of this section shall be enforced pursuant to section thirteen hundred ninety-nine-ff of this article,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07657-02-0
A. 9578 2
except that any person may submit a complaint to an enforcement officer reporting that a violation of this section has occurred.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.