What's happening
This bill prohibits the sale of vape and tobacco products designed to look like school supplies or appeal to minors.
Why it matters
Targets marketing tactics. By banning products and packaging that mimic school supplies, toys, or use youth-oriented designs, the bill aims to close loopholes that allow tobacco and vape companies to attract minors through deceptive appearances.
Broadens what is considered “appealing to youth”. The language covers not just the shape of products but also packaging elements like pictures, logos, mottos, and color patterns, making enforcement more comprehensive and less reliant on subjective judgment.
Impacts both sales and displays. The prohibition applies not only to the sale but also to the display or mere offering of these products, meaning retailers must carefully review what they stock and how products are presented in stores.
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Who cares
Headline styles
Ban Vape-Like School Supplies
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.280
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 60–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.124
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
195
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. MARTINEZ, ADDABBO, BORRELLO, COMRIE, FERNANDEZ, MATTERA, MURRAY, PALUMBO, RHOADS -- 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 vape products that resemble school supplies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1399-cc of the public health law is amended by adding a new subdivision 8 to read as follows:
8. Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes, rolling papers or smoking paraphernalia are sold or offered for sale is prohibited from selling, distributing, permitting the sale, offering for sale or displaying for sale any such product that resembles or is designed to resemble school supplies, toys, or any other product packaging tailored or advertised in any way to appeal to or target minors or the youth population. Such product packaging shall include, but not be limited to any picture, logo, symbol, motto, selling message, or color or pattern of colors.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00880-01-5
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 vape products that resemble school supplies
Purpose
The purpose of this legislation is to ensure any place of business where tobacco and other vaping products are sold do not carry products inten- tionally packaged to appeal to our youth population in the form of school supplies and other related products.
Summary of provisions
Section 1. Section 1399-cc of the public health law is amended by adding a new subdivision 8 to prohibit businesses wherein tobacco products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes, roll- ing papers or smoking paraphernalia are sold or offered for sale from carrying vaping products designed to resemble youth school supplies or any other product packaging tailored or advertised to the youth popu- lation.
Section 2. Is the enacting clause.
Justification
As of September 2023, the Federal Drug Administration sent over fifteen (15) letters to online retailers warning them to cease selling e-cigar- ettes and vapes that resemble toys and supplies, noting they are an attempt to target children. Examples of new vaping and e-cigarette pack- aging include products designed to resemble cartoon, movie or video game characters, toys and electronic devices and school supplies including markers, highlighters, ballpoint pens and thumb drives.
Research shows a younger person is more likely to become addicted to nicotine products as their brains are still developing. We are further seeing the potential for other harmful drugs such as fentanyl to become laced with marijuana in vape pens, as seen through a near-death incident occurring in New Rochelle High School. In an industry that continues to innovate and manufacture products designed to entice usage by the youth population, it is critical we provide safeguards in our state.
https://www.fda.gov/tobacco-products/ctp-newsroom /retailers-warned- stop-selling-ilegal-e-cigarettes-r esembling-youth-appealing-characters- school
https://www.cbsnews.com/newyork/news/in-wake-of-scary-incident-at-new- roc helle-high-school-expert -offers-advice-how-to-keep-kids- who-vape- safe/
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.