What's happening
This bill bans the sale or distribution of electronic cigarettes in New York without FDA premarket approval, with significant penalties for violations.
Why it matters
Tightens state-level control over vaping products. By requiring FDA premarket approval for all e-cigarettes sold or distributed in New York, the bill effectively bans the vast majority of current products, as very few have received such approval. This could significantly disrupt both legal and black-market supply chains.
Introduces severe penalties for violators. The minimum $10,000 per violation penalty creates a strong financial deterrent for retailers, wholesalers, and distributors, signaling that enforcement will be a high priority and that even a single infraction could be financially ruinous.
Shifts enforcement responsibility. The bill empowers not just the state attorney general but also local authorities to enforce the ban, potentially increasing the likelihood of active, widespread enforcement across New York’s diverse municipalities.
May impact public health and local economies. Supporters may argue the law will reduce youth access and exposure to potentially harmful, unregulated vaping products. However, critics may raise concerns about the emergence of illicit markets or economic hardship for small businesses reliant on e-cigarette sales.
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Who cares
Headline styles
Ban Unapproved E-Cigarette Sales
Plain English, a few words. Used as the page title.
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History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
273
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 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 or distribution of electronic cigarettes without federal food and drug administration premarket order of approval
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-cc-1 to read as follows:
§ 1399-cc-1. Sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval prohibited. 1. The sale or distribution by an establishment of an electronic cigarette is prohibited where the electronic cigarette:
(a) is a new tobacco product;
(b) requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and
(c) does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time. 2. Any person, firm, corporation, partnership, association, limited liability company, or other entity that violates the provisions of this section shall be subject to a civil penalty of not less than ten thousand dollars per violation, recoverable in an action by the attorney general or by any enforcement authority designated by any municipality or political subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01276-01-5
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.