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A647Assembly2025-2026 SessionSame asS435

Ban Toxic Metals in Vapes

Official title

“Prohibits the sale of electronic cigarettes that contains certain toxic metals and requires the department of health to study the long term health effects of using electronic cigarettes”

Sponsor Linda RosenthalAD-67Affects Health
Status
In Assembly Committee
Health
Impact
7/10
Significant
Passage
29%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill bans the sale of electronic cigarettes containing certain toxic metals and requires a study on their long-term health effects.

Why it matters

  1. Targets a wide range of toxic metals. The bill requires New York’s health department to develop and regularly update a list of specific toxic metals (like lead, manganese, nickel, chromium, zinc, and others) that are banned from any part of electronic cigarettes, including internal components such as heating elements.

  2. Directly impacts manufacturers and sellers. Businesses involved in making or selling e-cigarettes must ensure their products do not contain any metals or toxins on the state’s prohibited list, potentially forcing changes in product design or sourcing.

  3. Prioritizes consumer safety and transparency. By mandating the public posting of the banned substances list and ongoing department oversight, the bill seeks to inform consumers and hold companies accountable for product safety.

  4. Pushes for better understanding of health risks. The required state-sponsored, long-term study on e-cigarette aerosol inhalation aims to fill critical gaps in scientific knowledge, which could influence future regulation and public health guidance.

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Who cares

Headline styles

Ban Toxic Metals in Vapes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

Chair, Housing

No co-sponsors yet.

History

  1. Referred to health
  2. 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.

S435Senate

Ban Toxic Metals in Vapes

In Senate Committee · Health · Sponsor John Liu

Impact 7 · Significant33% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

647

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 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01675-02-5

required by section thirteen hundred ninety-nine-gg-1 of the public health law, as added by section one of this act.

§ 3. Paragraph (v) of subdivision 1 of section 206 of the public health law, as added by chapter 100 of the laws of 2016, is relettered paragraph (x) and a new paragraph (y) is added to read as follows:

(y) 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 on its effective date are authorized to be made and completed on or before such effective date.

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.