What's happening
This bill prohibits the sale of vapor or tobacco products containing N-Ethyl-p-menthane-3-carboxamide in New York.
Why it matters
Targets a cooling agent used to mimic menthol. The bill bans vapor and tobacco products containing N-Ethyl-p-menthane-3-carboxamide, a synthetic cooling agent often used to replicate the cooling effect of menthol without technically being menthol itself. This closes a loophole some manufacturers use to market "menthol-like" products despite flavor bans.
Strengthens flavored vape restrictions. By specifically naming this compound, the law makes it harder for companies to sidestep existing flavored vape bans through minor chemical tweaks, aiming to keep flavored and cooling products away from youth and other vulnerable populations.
Could influence national and industry standards. As New York is a large market, this move might prompt other states or the FDA to consider similar restrictions, potentially impacting how e-cigarettes and tobacco products are formulated and marketed nationwide.
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Who cares
Headline styles
Ban Ethyl Menthane Carboxamide Vapes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1709
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the sale of any vapor or tobacco products containing the substance N-Ethyl-p-menthane-3-carboxamide
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1399-mm-1 of the public health law, as added by section 1 of part EE of chapter 56 of the laws of 2020, is amended to read as follows:
1. (a) For the purposes of this section "flavored" shall mean any vapor product intended or reasonably expected to be used with or for the consumption of nicotine, with a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of such product or a component part thereof, including but not limited to tastes or aromas:
(i) relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, or any concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor but may not relate to any particular known flavor; or
(ii) resulting from the addition of the substance N-Ethyl-p-menthane- 3-carboxamide.
(b) A vapor product intended or reasonably expected to be used with or for the consumption of nicotine, shall be presumed to be flavored if a product's retailer, manufacturer, or a manufacturer's agent or employee has made a statement or claim directed to consumers or the public, whether expressed or implied, that such product or device has a distinguishable taste or aroma other than the taste or aroma of tobacco.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04662-01-5
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.