What's happening
This bill prohibits the sale of electronic cigarettes containing certain toxic metals and requires a study on their long-term health effects.
Why it matters
Aims to reduce potential health risks. by banning electronic cigarettes that contain specified metals (like lead, manganese, nickel, chromium, zinc), which are known to be toxic when inhaled, and requiring regular updates to this list as scientific knowledge evolves.
Shifts regulatory responsibility. to both manufacturers and sellers to ensure e-cigarette devices, including internal components like heating elements, are free from listed toxins, potentially increasing accountability across the supply chain.
Mandates a comprehensive state health study. on the long-term effects of using electronic cigarettes, focusing specifically on the health impacts of inhaling heated aerosols, which may inform future public health policy or consumer warnings.
May impact product availability and market practices. as manufacturers will need to reformulate products or alter component sourcing to comply, potentially changing what products are available to consumers and influencing industry standards nationwide.
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Who cares
Headline styles
Ban Toxic Metals in Vapes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- 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
435
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
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
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.
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 prohibited.
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 users
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 heating coils used to vaporize e-liquids in electronic cigarettes might 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. It will also require the Department of Health to study the long-term effects of electronic cigarette use on human health.
Legislative history
01/03/24 REFERRED TO HEALTH
01/18/23 REFERRED TO HEALTH
01/05/22 REFERRED TO HEALTH
Fiscal implications
None
Effective date
The act is effective 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.