Tag: New York

  • New York State Gets $112.7 Million From Juul Labs

    New York State Gets $112.7 Million From Juul Labs

    Credit: Standap

    New York State is set to receive $112.7 million from a multistate settlement with Juul Labs Inc. due to its involvement in the youth vaping epidemic, according to the Office of the Attorney General (OAG).

    Attorney General Letitia James announced on Friday that the Hudson Valley would receive over $13 million from the historic total of $462 million, to be divided among participating states,” according to media reports.

    “E-cigarette use among young New Yorkers shot up after JUUL flooded the market with advertising aimed at teenagers and lies about the safety of its products,” James said. “Now young people are suffering from physical and mental health issues fueled by vaping addiction.

    “This settlement puts new limits on JUUL’s marketing and will provide leaders in the Hudson Valley over $13 million to implement new anti-vaping programs to protect our kids.”

    The $112.7 million total going to New York State will reportedly be distributed among counties, the Board of Cooperative Education Services (BOCES), and the five largest cities in the state to support programs to reduce and prevent underage vaping.

  • New York Advances Bill to Ban Some Vape Products

    New York Advances Bill to Ban Some Vape Products

    Credit: Gary L Hider

    The New York Senate passed a bill last week that would ban the sale of vape products that resemble school supplies, children’s toys, or that use packaging and advertising with the intent of targeting children.

    If enacted, violators of Senate Bill S7882 could face a civil penalty of up to $1,500 for a first violation and $2,500 for each subsequent violation, according to media reports.

    Under the bill, businesses selling tobacco and related products would be prohibited from offering items that may include pictures, logos, symbols, mottos, selling messages or colors that specifically appeal to minors, as well as representations of cartoon, movie, or video game characters, toys, electronic devices and school supplies, including markers, highlighters, ballpoint pens and thumb drives.

    The bipartisan legislation must still be approved by the Assembly and signed by the governor before going into effect. A companion version of the proposal sponsored by is pending in that chamber.

  • Disposing of Disposable Vapes a Problem for Cities

    Disposing of Disposable Vapes a Problem for Cities

    vape trash disposable garbage waste
    Credit: Benny Robo

    The nationwide use of disposable e-cigarettes is creating a new challenge for local governments trying to figure out how to dispose of them properly. One of the main issues is that the millions of tiny, battery-powered products consumers toss in the trash every year are classified as hazardous waste.

    The devices, which contain nicotine, lithium and other metals, cannot be reused or recycled. Under federal environmental law, they shouldn’t go in the trash.

    “We are in a really weird regulatory place where there is no legal place to put these and yet we know, every year, tens of millions of disposables are thrown in the trash,” said Yogi Hale Hendlin, a health and environmental researcher at the University of California, San Francisco, told the Associated Press.

    Cost concerns

    In late August, sanitation workers in Monroe County, New York, packed more than 5,500 brightly colored e-cigarettes into 55-gallon steel drums for transport. Their destination? A giant, industrial waste incinerator in northern Arkansas, where they would be melted down.

    Sending 350 pounds of vapes across the country to be burned into ash may not sound environmentally friendly. But local officials say it’s the only way to keep the nicotine-filled devices out of sewers, waterways and landfills, where their lithium batteries can catch fire.

    “These are very insidious devices,” said Michael Garland, who directs the county’s environmental services. “They’re a fire risk and they’re certainly an environmental contaminant if not managed properly.”

    Elsewhere, the disposal process has become both costly and complicated. In New York City, for example, officials are seizing hundreds of thousands of banned vapes from local stores and spending more than $1 each for disposal.

    Hazardous waste

    Vaping critics say the industry has skirted responsibility for the environmental impact of its products, while federal regulators have failed to force changes that could make vaping components easier to recycle or less wasteful.

    Among the possible changes: standards requiring that e-cigarettes be reusable or forcing manufacturers to fund collection and recycling programs. New York, California and several other states have so-called extended product responsibility laws for computers and other electronics. But those laws don’t cover vaping products and there are no comparable federal requirements for any industry.

    Environmental Protection Agency rules for hazardous waste don’t apply to households, meaning it’s legal for Americans to throw e-cigarettes in the garbage at home. But most businesses, schools and government facilities are subject to EPA standards in how they handle harmful chemicals like nicotine, which the EPA considers an “acute hazardous waste,” because it can be poisonous at high levels.

    The lithium in e-cigarette batteries is the same highly sought metal used to power electric vehicles and cellphones. But the quantities used in vaping devices are too small to warrant salvage. And nearly all disposable e-cigarette batteries are soldered into the device, making it impractical to separate them for recycling.

    Disposable e-cigarettes currently account for about 53 percent of the multi-billion U.S. vaping market, according to U.S. government figures, more than doubling since 2020.

    In recent months the FDA has begun trying to block imports of several leading disposable brands, including Elf Bar and Esco Bar. Regulators consider them illegal, but they have been unable to stop their entry to the U.S. and the devices are now ubiquitous in convenience stores, gas stations and other shops.

    FDA’s tobacco chief, Brian King, said in a statement that his agency “will continue to carefully consider the potential environmental impacts” of vaping products.

    Money matters

    Since last November, officials have seized more than 449,000 vape units, according to New York City figures. The city is spending about $1,400 to destroy each container of 1,200 confiscated vapes, but many more remain in city storage lockers.

    “I don’t think anyone ever considered the volume of these in our community,” said New York Sheriff Anthony Miranda, who leads a task force on the issue. “There’s a tremendous amount of resources going into this effort.”

    A recent lawsuit against four large vaping distributors aims to recoup some of the city’s costs.

    For now, New Yorkers who vape can bring their used e-cigarettes to city-sponsored waste-collection events.

    Ultimately those vapes meet a familiar fate: They are shipped to Gum Springs, Arkansas, to be incinerated by Veolia, an international waste management firm. The company has incinerated more than 1.6 million pounds of vaping waste in recent years, mostly unsold inventory or discontinued products.

    Veolia executives say burning e-cigarettes’ lithium batteries can damage their incinerators.

    Boulder finish

    “Ideally we don’t want to incinerate them because it has to be done very, very slowly. But if have to, we will,” said Bob Cappadona, who leads the company’s environmental services division.

    Veolia also handles e-cigarettes from Boulder County, Colorado, one of the only U.S. jurisdictions that actively tries to recycle e-cigarette batteries and components.

    Beginning in 2019, county officials began distributing bins to schools for confiscated or discarded e-cigarettes. Last year, they collected 3,500.

    County staffers sort the devices by type, separating those with removable batteries for recycling. Disposables are packed and shipped to Veolia’s incinerator. Shelly Fuller, who directs the program, says managing vape waste has gotten more costly and labor intensive with the shift to disposables.

    “I kind of miss the days when we had Juuls and I could take each battery out and recycle them very easily,” Fuller said. “No one has time to dismantle a thousand Esco Bars.”

  • New York Opens State Cannabis Licensing to Public

    New York Opens State Cannabis Licensing to Public

    The New York State Cannabis Control Board on Tuesday voted to open up the application process starting next month for businesses seeking to sell, grow, process and distribute marijuana for adult use.

    Companies with an existing presence in the state’s medical program include Curaleaf Holdings , RIV Capital Inc. , a unit of Scotts Miracle-Gro Co. (SMG) that owns Etain dispensaries; Acreage Holdings Inc. , Green Thumb Industries and PharmaCann, according to Morningstar.

    Although adult-use cannabis has been legal since 2021 in New York State, only social equity applicants have received licenses thus far.

    The state said that starting Oct. 4, applications will be available through the New York Business Express Platform.

    “Today marks a pivotal step toward expanding and sustaining the state’s medical program and creation of an economically viable and equitable adult-use cannabis industry in New York,” said the New York Medical Cannabis Industry Association.

  • New York City Accuses Vape Distributors of Racketeering

    New York City Accuses Vape Distributors of Racketeering

    Credit: Maria Kray

    New York City has filed a lawsuit in federal court charging four vaping product distributors and six persons associated with the companies for illegally selling flavored vaping products other than tobacco in the city. It is possible more companies will be added to the suit.

    The civil lawsuit, filed Monday in the U.S. District Court for the Southern District of New York, claims the defendants violated “nearly every federal, New York State and New York City law applicable to the marketing, distribution, and sale of flavored e-cigarettes, the sales of which are prohibited under laws enacted by all three jurisdictions.”

    Named in the suit are Magellan Technology Inc., Ecto World LLC (Demand Vape), Mahant Krupa 56 LLC (Empire Vape Distributors) and Star Vape Corp. Also named were Matthew Glauser, Donald Hashagen, Russell Rogers, Nikunj Patel, Devang Koya and Nabil Hassen. The suit also mentions Puff Bar, Elf Bar and Hyde products, however, those manufacturers were not named in the suit.

    The lawsuit alleges the defendants committed mail and wire fraud, alongside violations of New York City’s Administrative Code, New York State Public Health Law, and the federal Tobacco Control Act. The city also accuses the companies of violating both the federal Racketeering Influenced Corrupt Organizations (RICO) Act and the Prevent All Cigarette Trafficking (PACT) Act.

    The suit centers on disposable flavored vapes. However, the suit alleges that is seeking relief for any type of flavored e-cigarette product on the market. This would suggest the suit could grow into anyone entity that has sold flavored vaping products in the city.

    “Although this action speaks principally about (flavored disposables), the favorite type of electronic
    nicotine delivery system among youth and the most intentionally directed to that market, the City
    seeks relief for defendants’ violation of laws applicable to e-cigarettes regardless of the type of
    device with which the violation is committed,” the suit states. “Any non-FDA approved [the FDA authorizes for marketing; it does not approve products] e-cigarette containing a flavored e-liquid is governed by the laws under which the City’s claims are brought and the City seeks relief with respect to all such devices.”

    The city says it “seeks to recover monetary damages and civil penalties from the defendants, potentially totaling millions,” according to a press release. The suit also alleges the sales of disposable flavored vapes created a youth use crisis. The suit alleges the largest increase in youth use ever. The claim is unsupported by any facts.

    “By distributing devices that provide larger than normal doses of nicotine in a mild aerosol formulated to reduce or eliminate the harshness of burning tobacco and tasting pleasantly of fruit, candy or desserts, FDV manufacturers and distributors have triggered the largest increases in youth nicotine use ever seen,” the suit claims.

    The lawsuit states the city will seek triple the damages awarded at trial under the RICO law guidelines.

  • New York Governor Calls for Statewide Flavor Ban

    New York Governor Calls for Statewide Flavor Ban

    Credit: New York Governor Kathy Hochul

    Gov. Kathy Hochul delivered her State of the State address and wasted no time in setting her sights on heat-not-burn and other flavored tobacco products, including menthol cigarettes. The state already prohibits the sale of flavored vaping products. 

    New York’s new full-term governor outlined some tobacco policy changes she would like enacted, including both a ban on the sale of all flavored tobacco products and a $1 per pack increase in combustible cigarette taxes from $4.35 to $5.35.

    The Campaign for Tobacco-Free Kids, one of the most prominent anti-tobacco groups in the world, which is supported by former New York City Mayor, Michael Bloomberg, praised Hochul’s plans. Any changes to New York tobacco laws would first need to be passed by the state’s legislature.

    “These actions are projected to reduce the number of young people smoking cigarettes by 9 percent, prevent 22,000 youths from becoming adult smokers and prevent premature deaths caused by smoking,” Hochul’s office wrote in the State of the State booklet.

    California and Massachusetts are the only states with bans on the sale of flavored tobacco products,

  • New York Issues First Retail Licenses for Marijuana

    New York Issues First Retail Licenses for Marijuana

    Credit: Spyrakot

    New York regulators last week issued the first 36 marijuana retail licenses for an adult-use market that officials insist will open by year’s end.

    That timeline took a positive turn when the state’s Office of Cannabis Management (OCM) announced it would allow qualifying businesses to launch delivery services before opening their retail stores, a significant change from other recreational markets, according to MJBizDaily.

    “This will help jumpstart sales and enable these small business owners to generate capital and scale their operations,” the regulatory agency tweeted Monday.

    New York adult-use retailers are projected to generate $1 billion-$1.2 billion in sales next year, growing to $2.2 billion-$2.7 billion by 2026, according to the 2022 MJBiz Factbook.

    Regulators said 28 of the retail license winners went to individuals with marijuana convictions or family members who’d been arrested for cannabis.

    The other eight licenses went to nonprofits.

    The first group of Conditional Adult-Use Retail Dispensary (CAURD) license winners include:

    • Capital District Cannabis & Wellness.
    • Essential Flowers.
    • Kush and Kemet.
    • Gotham CUARD.
    • NYCCABUDS.

    The agency is reviewing 903 CAURD applicants, the state’s version of social equity, to issue the first 150 adult-use licenses, as well as helping them lease and fund operations through a proposed $200 million social equity cannabis fund.

  • Total Ban on Sales of Vaping Products Constitutional

    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.”

  • County in New York First to Offer Vape Disposal Site

    County in New York First to Offer Vape Disposal Site

    Credit: Alexlmx

    Monroe County will be the first in New York State to accept vape pens, e-cigarettes and the liquids used in them for safe disposal.

    Experts say these items should never be thrown into the regular trash as the lithium inside these devices can pose serious health and environmental risks, according to a county press release.

    “Vaping is not only a public health issue, it is an environmental issue,” said Monroe County Executive Adam Bello. “Vape pens, electronic cigarettes and e-liquids are considered hazardous wastes and should not be thrown away. Monroe County is proud to lead the way in New York by taking action now to prevent these products from harming our environment.”

    Instead the county will be accepting them in sealed bags at the Eco Park recycling center in Chili. Eco Park is open on Wednesdays and Saturdays for drop-offs, no appointment is necessary.

    “Disposable vape products are toxic and unsafe for our environment. That makes them a health threat for all of us, even if we don’t use them,” Monroe County Commissioner of Public Health Dr. Michael Mendoza said. “I applaud County Executive Bello, the Department of Environmental Services, and all our partners, who are leading the way when it comes to addressing this emerging public health issue.”

    There is an estimated 44.7 million tons of e-waste generated around the world every year. That waste contains up to $65 billion worth of raw materials like gold, silver and platinum sent to a landfill.

    The amount of global e-waste is expected to increase by almost 17 percent to 52.2 million tons in 2021, or about 8 percent every year, according to research.

    Vaping products contain lithium-ion batteries, a heating element and a circuit board. These components—which may include plastic and heavy metals—make disposing of e-cigarettes a considerable challenge because of the various types of chemicals and materials involved in their manufacturing.

    There are no direct regulations for recycling or use of e-cigarettes, heated-tobacco products (HTPs) or the cellulose acetate filters in combustible cigarettes in the U.S.

    There is legislation that regulates the management of e-waste; however, these guidelines typically apply only to cell phones, computers and other large electronic products.

  • New York State Eyes Facial Recognition for Vapor Sales

    New York State Eyes Facial Recognition for Vapor Sales

    Credit: America_stock

    The New York State Senate is moving forward with proposed legislation that would allow bars and restaurants to use facial recognition or fingerprint scanners to verify someone’s age before they buy alcohol, tobacco or electronic cigarettes, according to the New York Post.

    “This is the new frontier of age verification,” said state Sen. James Skoufis, who is sponsoring the biometrics bill. “It does advance the interests of convenience.”

    Skoufis envisions that bars and restaurants could scan fingerprints, faces or retinas of customers who want to be spared the trouble of showing an ID when they return to an establishment in the future. The proposed legislation requires all data to be encrypted and prohibits businesses from selling biometric data to third parties.

    “No one’s forced into engaging with this technology, but they would have the choice,” Skoufis said. “There’s no big brother involved.”