Vaping Education for Teens

Section 2. Sets the effective date.

Justification

This bill would create an electronic cigarette and vaping prevention, awareness and control program in consultation and collaboration with the Commissioner of Education, designed to educate students, parents and school personnel about the health risks associated with vapor product use and control measures to reduce the prevalence of vaping, particular- ly among persons less than twenty-one years of age. The program would include, but not be limited to, the creation of age-appropriate instruc- tional tools and materials that may be used by all schools, and market- ing and advertising materials to discourage electronic cigarette use.The department will also contact the parents and/or guardians of any found to be using or in possession of an electronic cigarette or vapor product while less than twenty-one years of age. Such a person and the parents and/or guardians of such a person would be required to attend the elec- tronic cigarette or vapor product prevention, control and awareness program.

Electronic cigarettes are a relatively recent product and manufacturers had previously geared marketing toward non-smoking youth, with a large assortment of sweet flavors of e-liquid and ad campaigns. Additionally, certain youth-targeting e-cigarettes were designed to be small and sleek, and refillable with user friendly pre-filled pods of liquid-mak- ing the device easy to conceal from authority figures. A single pod contains as much nicotine as a pack of cigarettes. The New York State Department of Health has received numerous reports from New York State physicians of severe pulmonary (lung-related) illness among patients ranging from 14 to 71 years of age who were using at least one vape product prior to becoming ill. Nicotine can harm the developing brain of adolescents and young adults, which can lead to lower impulse control and mood disorders, disrupt attention and learning among youth and young adults; and prime the developing brain for addiction to alcohol and other drugs, such as cocaine. With or without nicotine, e-cigarette aerosol is unsafe. E-cigarette aerosol can contain fine and ultrafine toxic particles that can interfere with the growth and work of the lungs and increase the risk of heart disease, lung cancer and asthma attacks, heavy metals such as lead, tin and nickel, chemicals used for flavoring such as diacetyl that can cause a serious lung disease called bronchiol- itis obliterarts; and volatile organic compounds (VOCs) that can cause long-term health effects including cancer. Many of the chemicals found in cigarette smoke are also found in e-cigarette aerosol. They include formaldehyde, also found in embalming fluid, cadmium, used in batteries, benzene, found in gasoline, and toluene, an industrial solvent.

E-cigarette use among youth and young adults is a major public health concern because today's youth use e-cigarettes more than cigarettes, cigars, smokeless tobacco and hookah. In fact, almost five times as many high school students in New York State use e-cigarettes than smoke ciga- rettes and New York State smoking rate among youth is at a record low (4.3%), but their e-cigarette use doubled between 2014 and 2016 (from 10.5% to 20.696). While few high school students say they plan to try smoking cigarettes, increased numbers are open to trying. E-cigarettes. More than half of teens believe nondaily e-cigarette use causes little or some harm and of young people who use e-cigarettes, and a third falsely believe non-daily e-cigarette use is harmless. E-cigarette use does not prevent people from smoking, in fact, adolescents and young adults who use e-cigarettes are at increased risk for starting and continuing to smoke. More than half of high school students and young adults who smoke cigarettes also use e-cigarettes. This bill would create an educational tool that would help educate and divert young people already at risk.

Legislative history

2023-24: A10613; referred to health

2021-22: A.10547; referred to health

Fiscal implications

None

Effective date

This act shall take effect-on the ninetieth 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 an effective date.