What's happening
This bill bans the sale of e-cigarettes containing certain toxic metals and requires a state study on their long-term health effects.
Why it matters
Expands regulatory authority. By mandating the state health department to create and regularly update a list of banned toxic metals (such as lead, manganese, nickel, chromium, and zinc), the bill gives public health officials ongoing oversight to address emerging scientific evidence and new chemical risks in e-cigarettes.
Targets product safety at the source. The prohibition isn’t just on the sale, but also the manufacture and distribution of e-cigarettes containing any listed toxins, including components like heating elements. This could push manufacturers to adopt safer materials and processes industry-wide.
Lays groundwork for future policy. By directing the health department to study the long-term health effects of e-cigarette use, the bill could produce data essential for further regulation, public health campaigns, or possible litigation, especially regarding inhalation of heated aerosols.
Could influence national standards. New York’s move to ban specific toxic metals in e-cigarettes may set a precedent for other states or the federal government, potentially shifting industry norms and sparking broader regulatory action.
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Who cares
Headline styles
Ban Toxic Metals in Vapes
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Reported and committed to rules
- 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 Toxic Metals in Vapes
In Assembly Committee · Health · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7050
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. LIU -- 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 of electronic cigarettes that contain certain toxic metals and requiring the department of health to study the long term health effects of using electronic 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-gg-1 to read as follows:
§ 1399-gg-1. Prohibition on the sale of electronic cigarettes that contain toxic metals. 1. The department shall establish a list of toxins which persons engaged in the business of manufacturing, selling or otherwise distributing electronic cigarettes or any agent or employee of such person shall be prohibited from using in the manufacture of such electronic cigarettes. Such list shall include, but not be limited to, lead, manganese, nickel, chromium, zinc and other toxic metals. Such list shall be regularly updated and shall be published on the department's website.
2. No person engaged in the business of manufacturing, selling or otherwise distributing electronic cigarettes or any agent or employee of such person shall manufacture, sell, or otherwise distribute electronic cigarettes that contain a toxin included on the list established by the department pursuant to subdivision one of this section, including in the heating element or any other internal part of such electronic cigarettes.
§ 2. The department of health shall promulgate any rules and regulations, including, but not limited to establishing a list of toxins that are prohibited in the manufacture of electronic cigarettes as required by section thirteen hundred ninety-nine-gg-1 of the public health law, as added by section one of this act.
§ 3. Subdivision 1 of section 206 of the public health law is amended by adding a new paragraph (w) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14414-02-9
S. 7050 2
(w) direct the department to study the long term health effects on users of electronic cigarettes. Such study shall include data on the long term health effects of inhaling heated aerosols contained in electronic cigarettes.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act shall be made and completed on or before such effective date.
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 of electronic cigarettes that contain certain toxic metals and requiring the department of health to study the long term health effects of using electronic cigarettes
Purpose
Prohibits the sale of electronic cigarettes that contain certain toxic metals as determined by DOH and requires DOH to study the long-term health effects of using electronic cigarettes.
Summary of provisions
Section 1 requires the Department of Health to establish a list of toxins that are prohibited from being used in the manufacturing of elec- tronic cigarettes. Sales of electronic cigarettes that contain any of those designated metals, including lead, manganese, nickel, chromium, zinc or other toxic metals, including in the heating element are prohib- ited.
Section 2 authorizes the Department of Health to promulgate rules and regulations establishing the list of prohibited toxic chemicals.
Section 3 requires the Department of Health to conduct a study on the long term health effects of using electronic cigarettes on user
Justification
In 2019, hundreds of injuries, and several deaths, were attributed to the use of electronic cigarettes and other vaping products in New York State. E-cigarettes have only been in wide use for the past decade or so, and there are still several unknowns about their safety. While several studies have shown that the liquids used in e-cigarettes may contain toxic chemicals, there has been less research into the potential dangers of the hardware of electronic cigarettes.
A 2018 study from the Johns Hopkins Bloomberg School of Public Health found that a significant number of electronic cigarettes tested gener- ated vapors/aerosols that contained unsafe levels of chromium, manga- nese, nickel and lead. The authors of the study concluded that the heat- ing coils used to vaporize e-liquids in electronic cigarettes may be leaking these toxic chemicals. Exposure to these toxic metals
This legislation will prohibit e-cigarette manufacturers from using toxic metals, including lead, manganese, nickel, chromium, zinc or other toxic metals in their products and will also require the Department of Health to study the long term effects of electronic cigarette use on human health.
Legislative history
New bill
Fiscal implications
None
Effective date
The act is effectively 180 days after it has been signed. The Department may add, amend, and/or repeal any rule or regulation necessary to imple- ment the act by its effective date immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.