36 million smokers and vaping enthusiasts reached since 2015!
January 25, 2019

How Vapers Can Stop a Flavor Ban in New York City

Update: the text of the ordinance is now available.

Unfortunately, it bans all flavors except tobacco. The restrictions take effect 90 days after passage of the ordinance.

The New York City Council is considering a ban on vaping flavors, and a key committee will hold a public hearing next week to discuss the proposed ordinance. Vapers and other stakeholders will have an opportunity to speak at a public hearing on Jan. 30.

The text of Ordinance 3592 is not yet available, but according to CASAA, it is likely to follow one of three patterns seen in recent flavor legislation elsewhere:

  • Ban the sale of all flavored vaping products, with no exceptions
  • Ban flavors other than tobacco, or other than tobacco and menthol (and possibly mint)
  • Restrict flavored products to adult-only retail stores

None of those options are good for vapers or the vaping industry. A major survey of adult vapers last year showed that the ex-smokers who have been most successful at avoiding cigarettes by vaping prefer fruit and dessert flavors. And a ban on sales at convenience stores and bodegas eliminates choices in the locations smokers are most likely to encounter them, which means fewer impulse purchases that may lead to long-term switching.

The Health Committee hearing will be held at 1:00 p.m. on Jan. 30 at New York City Hall (at the center of City Hall Park). It will be preceded by a rally of vapers at City Hall (see below).

It’s important for members of the City Council (especially those on the Health Committee) to hear from residents before the meeting. You can use CASAA’s call to action page to send a message to the Health Committee members. You can also call the committee members and politely register your opposition to Ordinance 3592 (and keep calling after the hearing, since the final vote may not happen for several weeks). Explain how flavored vapor products have helped you.

  • Mark Levine (212) 788-7007
  • Keith Powers (212) 788-7393
  • Dr. Mathieu Eugene (718) 788-7352
  • Alicka Ampry-Samuel (212) 788-7387
  • Inez Barron (212) 788-6957

A rally to oppose the ordinance is being held on the steps of City Hall at 11:30 a.m., hosted by the American Vaping Association, the New York State Vapor Association, and SFATA. If you’d like to speak at the hearing, try to arrive early and join the rally. And even if you choose not to speak, you can attend the rally and hearing. (The AVA has created a promotional flyer for the rally that vape shops — or anyone — can hand out.)

Turnout at the rally and hearing is crucial. The pressure to ban flavors is not a grassroots effort, but is coming from the same tobacco control and “public health” groups that have opposed vaping for a decade. Those special interests will certainly be there to push their agenda, but a visible display by the real stakeholders in the fight can make a lot of difference. Council members are much more responsive to their own constituents than national politicians are. If they hear (and see) their own voters standing up against such a ban, outside pressure will be less likely to affect their decisions.

With flavor bans in place in San Francisco and other California cities, and being proposed in other cities and states — and now even federally — losing flavors in the nation’s largest city would be a blow to vapers everywhere. New York Gov. Andrew Cuomo is proposing a similar statewide flavor ban in his new budget plan, and may be persuaded to back off if such a ban were soundly defeated in New York City.

Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy

Discussions

avatar
  Subscribe  
Notify of
Best Beginner Vapes in 2019
LEARN MORE
Vaping360
FOLLOW US
© Vaping360, All Rights Reserved.