Total Ban on Sales of Vaping Products Constitutional

Credit: Kraken Images.

A group of merchants brought a Federal Lawsuit against the Town of Eastchester, New York alleging that the town’s new anti-vaping law was unconstitutional. The law was upheld by a Federal Court in the Southern District of New York.

At the September 3rd, 2019 Town Board meeting, Eastchester was one of the first Towns to adopt a local law to prevent the sale of electronic nicotine-delivery system (ENDS) products within the Town.

The law which is known as “Electronic Nicotine Delivery Product Law” prohibits the sale of tobacco substitutes containing nicotine from being sold in the town, according to a local news source. This includes, but is not limited to: e-cigarettes, vapes, vaporizers, vape pens, lozenges or other candy, drinks, liquid nicotine or other e-liquids or inhalers.

Town Supervisor Anthony Colavita and the Town Board were also the first to opt out of participating in the New York State Marijuana Retail Sales Program as well.

Supervisor Colavita stated, “Keeping our citizens, especially our youth, safe by limiting accessibility to the products specified in our law is our top priority. I am glad the Town of Eastchester prevailed.”