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New York Will Soon Ban Flavored E-Cigarette Sales Statewide

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Gov. Cuomo yesterday (September 15) announced a new emergency executive action to ban the sale of flavored e-cigarettes in New York.

The state health commissioner is now expected to make an official recommendation this week to the Public Health and Health Planning Council, which could then issue regulations that go into effect in as soon as two weeks.

DOH Commissioner Dr. Howard Zucker will hold an emergency meeting with the Public Health and Health Planning Council this week to ban flavored e-cigarettes.

Additionally, the Governor directed State Police and DOH to immediately partner to ramp up enforcement efforts against retailers who sell to underage youth, with the possibility of criminal penalties.

Finally, the Governor announced he will advance legislation to ban deceptive marketing of e-cigarettes to teens and children. 

“New York is confronting this crisis head-on and today we are taking another nation-leading step to combat a public health emergency,” Governor Cuomo said. “Manufacturers of fruit and candy-flavored e-cigarettes are intentionally and recklessly targeting young people, and today we’re taking action to put an end to it. At the same time, unscrupulous stores are knowingly selling vaping products to underage youth – those retailers are now on notice that we are ramping up enforcement and they will be caught and prosecuted.”

To further crack down on retailers selling tobacco and vaping products to underage youth, State Police is partnering with DOH to conduct undercover investigations across the state under The Adolescent Tobacco Use Prevention Act, which enlists underage youth to attempt to buy tobacco and e-cigarette products.

Retailers found selling tobacco and vaping products to underage individuals will now face criminal penalties in addition to civil penalties.

When the legislation signed in July is effective on November 13, these sweeps and compliance efforts will continue with a renewed focus on sales to those under age 21.

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