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 youth vaping prevention. By banning the sale or distribution of flavored e-cigarettes at low or no cost, the bill aims to curb marketing tactics that make vaping more attractive and accessible to young people, who are particularly drawn to sweet or novelty flavors.
Defines what counts as a “flavored” e-cigarette. The bill creates clear legal definitions for “flavored electronic cigarette” and “characterizing flavor,” excluding tobacco, clove, and menthol flavors. This precise language closes potential loopholes and makes enforcement easier.
Strengthens enforcement and penalties. The legislation not only outlaws the distribution of flavored e-cigarettes at low or no cost, but also specifies that violations can be reported by any member of the public and are subject to penalties under existing law, increasing accountability for retailers.
Excludes manufacturers from certain penalties. The bill directs that penalties apply to sellers and distributors other than manufacturers, potentially focusing enforcement on retailers rather than upstream producers, which may influence how the law is challenged or enforced.
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Who cares
Vape shops and other e-cigarette retailers
The bill would prohibit selling, offering for sale or furnishing flavored e-cigarettes, including through free or minimal-cost promotions, coupons and rebates, and subject nonmanufacturer violators to penalties.
E-cigarette manufacturers
The restrictions would cover products with characterizing flavors in any component, but exclude tobacco, clove and menthol from the flavor definition.
Consumers of flavored e-cigarettes
The bill would restrict access to covered products regardless of the buyer’s age, rather than only restricting free distribution to people under eighteen.
Enforcement officers
They would enforce the new restrictions under existing enforcement provisions and could receive violation complaints from any person.
Headline styles
Ban Free Flavored E-Cigs
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to health
- Referred to health
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2001
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. HOYLMAN, KAMINSKY, MAYER, PARKER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed 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. Section 1399-bb of the public health law, as amended by chapter 508 of the laws of 2000, the section heading and subdivisions 4 and 5 as amended by chapter 4 of the laws of 2018, subdivision 2 as amended by chapter 13 of the laws of 2003, is amended to read as follows:
§ 1399-bb. Distribution of tobacco products, flavored electronic cigarettes or herbal cigarettes without charge. 1. No person engaged in the business of selling or otherwise distributing tobacco products or herbal cigarettes for commercial purposes, or any agent or employee of such person, shall knowingly, in furtherance of such business:
(a) distribute without charge any tobacco products or herbal cigarettes to any individual, provided that the distribution of a package containing tobacco products or herbal cigarettes in violation of this subdivision shall constitute a single violation without regard to the number of items in the package; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07657-01-9
S. 2001 2
(b) distribute coupons which are redeemable for tobacco products or herbal cigarettes to any individual, provided that this subdivision shall not apply to coupons contained in newspapers, magazines or other types of publications, coupons obtained through the purchase of tobacco products or herbal cigarettes or obtained at locations which sell tobacco products or herbal cigarettes provided that such distribution is confined to a designated area or to coupons sent through the mail.
2. The prohibitions contained in subdivision one of this section shall not apply to the following locations:
(a) private social functions when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager or person in charge of such indoor area;
(b) conventions and trade shows; provided that the distribution is confined to designated areas generally accessible only to persons over the age of eighteen;
(c) events sponsored by tobacco or herbal cigarette manufacturers provided that the distribution is confined to designated areas generally accessible only to persons over the age of eighteen;
(d) bars as defined in subdivision one of section thirteen hundred ninety-nine-n of this chapter;
(e) tobacco businesses as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article;
(f) factories as defined in subdivision nine of section thirteen hundred ninety-nine-aa of this article and construction sites; provided that the distribution is confined to designated areas generally accessible only to persons over the age of eighteen.
3. No person shall distribute tobacco products or herbal cigarettes at the locations set forth in paragraphs (b), (c) and (f) of subdivision two of this section unless such person gives five days written notice to the enforcement officer.
4. No person engaged in the business of selling or otherwise distributing electronic cigarettes for commercial purposes, or any agent or employee of such person, shall knowingly, in furtherance of such business, distribute without charge any electronic cigarettes to any individual under eighteen years of age.
5. The distribution of tobacco products or herbal cigarettes pursuant to subdivision two of this section or the distribution without charge of electronic cigarettes shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least eighteen years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age; provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product, electronic cigarette or herbal cigarette or the distribution without charge of electronic cigarettes to an individual.
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.
S. 2001 3
8. Violations of subdivision six 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 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.
Sponsor's memo
Title of bill
An act to amend public health law, in relation to the sale of flavored electronic cigarettes at low or no cost
Purpose
To ban the sale of flavored e-cigarettes
Summary of provisions
Section 1 of the bill amends the public health law section 1399-aa by adding a new subdivision 14 to define "flavored electronic cigarette" or "flavored e-cigarette" as an electronic cigarette or e-cigarette that contains a characterizing flavor in any of its component parts, and adds a new subdivision 15 to define "characterizing flavor" as a distinguish- able 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.
Read the full memo (639 words)
Section 2 of the bill amends the public health law section 1399-bb by adding new subdivisions 5, 6, and 7 stating that 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 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. It also sets forth penalties and enforcement pursuant to this article.
Section 3 of the bill is the effective date.
Justification
The use of e-cigarettes has exploded in recent years. Startlingly, as the traditional smoking rate among high school students in New York continues to fall to historic lows (4.3% in 2016 down from 7.3% in 2014 and 27.1% in 2000), the rate of e-cigarette use among high school students has nearly doubled in two years - from 10.5% in 2014 to 20.6 in 2016, according to a study by the New York State Department of Health. Young people are picking up an e-cigarette habit at a young age which could potentially lead to livelong habits of smoking e-cigarettes or traditional cigarettes.
While e-cigarettes are often marketed as a safe alternative to tradi- tional cigarettes, little is known about the products and their health impacts. They often contain nicotine and other known carcinogens and toxic chemicals. Cartridges that accompany e-cigarettes are often flavored to make the product more appealing, with common flavors includ- ing fruits, chocolate, vanilla, honey, candy, cocoa, desserts, alcoholic beverages, and herb or spice flavoring. The flavors, are documented to be appealing to young people.
Research on the health impacts of e-cigarettes has been limited to date, though preliminary studies are alarming. A study by the Harvard T.H. Chan School of Public Health published in December 2015 looked at the flavoring chemicals in 51 popular e-cigarette flavors considered appeal- ing to youth. Diacetyl was detected above the laboratory limit of detection in 39 of the 51 flavors tested. Diacetyl has been linked to the irreversible lung disease bronchiolitis obliterans, commonly known as "popcorn lung" due to its presence in flavored microwave popcorn butter. In 2000, a high-profile outbreak of the disease at a microwave popcorn factory in Missouri resulted in popcorn companies removing the chemical from its products. High levels of diacetyl, 2,3-pentanedione, and acetoin were found in 47 of the 51 study samples total. The study recommended urgent action to further evaluate widespread exposure to diactyl.
This bill would ban the sale of flavored e-cigarettes in New York to protect public health and dissuade young people from picking up a dangerous habit.
In 2009, the federal government took a similar step by placing on ban on flavored cigarettes. New York City currently has a ban on flavored tobacco products.
Legislative history
S.5266 of 2017-2018 (Hoylman): Died in Health
Fiscal implications
To be determined
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.