Tomorrow, July 1st, a ban on the sale of flavored vapor products, other than tobacco and menthol, goes into effect for the State of New York. Pharmacies will also no longer be permitted to sell any tobacco or nicotine product that isn’t an approved smoking cessation therapy.
Online sales of any e-liquids–regardless of flavor–are banned (vapor products are folded into the same provision that bans shipment of cigarettes to consumers). This does not include components or devices. The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product, according to the Consumer Advocates for Smoke-free Alternatives Association (CASAA), a non-profit, grassroots organization.
A person other than a common or contract carrier can still transport vapor products, but there is now a limit of 500 milliliters or 3 grams of nicotine. Additionally, coupons or “price reduction instruments” for tobacco products are banned.
“Vapor manufacturers must post a detailed ingredient list including a disclosure of ‘the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health of such product or its ingredients.’” writes Casaa. “Manufacturers are also required to list ‘each byproduct that may be introduced into vapor produced during the normal use of such e-cigarette.’ (this requirement does not apply to any other tobacco product).”
In April, New York became the fourth state in the U.S. to restrict the sale of flavored vaping products. The New York Assembly reluctantly passed S. 7506-B, a budget bill, which banned the sale of vapor products in flavors other than tobacco. The budget bill was heavily criticized because it debated and passed under cover of darkness, according to CASAA. “There were no opportunities for the public to weigh in on the bill unless you diligently followed the constantly changing bill numbers and language,” the organization wrote at the time.