The New York State Assembly has passed a bill that will outlaw sales of flavored vaping products (except tobacco), and prohibit online sales of all vaping products. The bill was part of the larger budget bill that keeps the state running, and Governor Andrew Cuomo is expected to sign the vape ban into law immediately.
The state did not ban menthol cigarettes or flavored cigars—just vapor products.
The ban was passed with no public debate. As we reported earlier this week, the legislators mostly met by video conference. The online sales ban and a loophole that will favor JUUL and products made by tobacco companies were added with no opportunity for comment by citizens.
The law includes an exemption for flavored products approved for sale by the FDA through its Premarket Tobacco Application (PMTA) process. That was included after lobbying by either JUUL Labs or the tobacco companies that sell e-cigarettes (Reynolds, Japan Tobacco, Imperial). No vaping products have been approved by the FDA yet, and it isn’t known if the FDA will approve any flavored products.
The flavor ban will take effect 45 days after the governor signs it. The other parts of the law are effective July 1. They include:
More than 10 percent of all U.S. residents will be prohibited from buying flavored vaping products when New York’s ban takes effect. New York will become the fourth state to ban flavors. Massachusetts prohibited all flavored products last November. New Jersey passed its ban in January, and Rhode Island followed last week. New York City passed a ban in December, but the new state law will take effect before the city’s. San Francisco was the first city to ban flavors, and then banned all vaping products last year. Many other California cities have passed bans on flavors or on all vaping products.
The flavor ban was proposed by the governor, who has earned national attention for his management of the terrible coronavirus epidemic in New York, has been a longtime opponent of vaping. He has supported flavor ban proposals in previous legislative sessions, but vaping consumers and business owners have successfully fought every attempt to ban flavors until now, when it was done during the cover of night with no opportunity to register opposition.
Last fall, Cuomo directed the state health department to impose an emergency ban of flavored vaping products. That action that was first put on hold by the courts, and eventually struck down entirely.
As trade organizations and advocates study the law, consider options and plot strategy, it’s important for vaping consumers to contact Gov. Cuomo and register their anger and disgust—not just with the ban itself, but with the process that silenced vapers’ voices. CASAA has issued a call to action that puts the governor just a click away.
I know this is about NY but the flavor ban just went into effect here in NJ as well. I’m 66 years old and don’t need some government bureaucrat telling me what flavors I can purchase. I have been looking for a list of all the politicians in NJ who voted in favor of this ban so I can at least vote against them but that has been hard to come by. I was a smoker who switched to vaping about 10 years ago and it probably saved my life. I absolutely hate what they did here. It’s shades of… Read more »
Thanks for nothing Governor Cuomo. I went from menthol cigarettes to menthol vapes and it has literally changed my life. Now with the ban on menthol vapes, I will probably go back to cigarettes. Since when are adults not allowed to choose? You’re no better than a communist.
Cuomo needs to be prosecuted for premeditated mass murder for those nursing home deaths. He owns that.
Awaiting moderation for THAT? I’m wasting my time here. Goodbye.
We moderate all comments, Charles.
Tha God Andrew Cuumo does not want to run for president.We would really be screwed then
At that time, as the New York to combat the epidemic Covid-19 politician are pushing the situation and its own laws in place to combat the epidemic.
I live in New York and just found out that flavored e-cig are outlawed in my state after the midnight hour, signed by the governor and put into law without debate. As a former smoker of menthol cigarettes, my only option is to begin smoking again if I want menthol. Regular and menthol are the only tobacco cigarettes that I know of. They are still available, especially since the state makes $5.55 per pack in revenue. I’ve never heard of bubble gum or banana ? flavored tobacco cigarettes. This is an outrage!
They did this under our noses and all under the guise of stopping underage people from getting it. In reality it is all about the money they get from big tobacco. I am absolutely furious because I have just come off of cigarettes by buying my first device and flavored juice. I’m just a month clean of cigarettes and not completely weaned from nicotine. I will have no choice but to return to smoking with this (because every other method I’ve tried to implement to quit didn’t work out). Once my juice runs out I’m done for. I’m about ready… Read more »
Sebastian, here are three things to try before going back to cigarettes:
1. Experiment with tobacco-flavored e-liquid. There are a lot of really good ones, actually
2. Make your own flavored e-liquid (DIY). It’s easier than you might think. Check out this beginning DIY article for info
3. Flavored nicotine pouches like Zyn, On, Velo, Rogue, and Dryft. These are tobacco-free snus that come in a variety of flavors. I use these frequently. Actual snus (or any kind of smokeless tobacco really) is also very low-risk compared to smoking. Please try to avoid cigarettes!
I know lets ban alcohol and caffeine products next and make NY a better state for it. Then we can take out all carbonated drinks because of CO2. I hope Andrew Cuomo gets a Nobel peace prize for it.