NEW YORK PASSES OUTRIGHT BAN
OF VAPING PRODUCTS

A bill has been passed by the State Assembly of New York outlawing the sale of flavored vaping products, not including tobacco, and is stopping vape products being sold online. This was included in a bill with a bigger budget whose intent is to sustain the state of New Yorks economy, and is to be signed into law effective immediately.

The most shocking aspect of this bill is the fact is was passed without any public hearing or debate whatsoever. The ban of online selling and a stipulation loophole that favors JUUL and other tobacco products were added to this bill, again without a single line of input from the citizens of New York.

The ban of flavored vaping products will go into effect in as little as 45 days after being signed by the governor, with the other parts taking affect July 1st.

Included in this law is an exemption of FDA approved flavored products using their Premarket Tobacco Application or PMTA as you might have heard about. This was included after lobbyists from JUUL Labs or possibly the tobacco companies who sell vaping products. There have yet to be any products passing the PMTA and approved by the FDA but there is no concrete evidence stating any products can afford to take this assessment or will be approved.

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.

Laws included in the bill are:

• Online sales of all vaping products are banned
• Pharmacies are no longer allowed to sell any nicotine-containing product except FDA-approved cessation products
• Coupons for vaping and tobacco products are banned
• Manufacturers must post ingredient lists and detailed technical information about e-liquid and vapor constituents (this doesn’t apply to smoked tobacco products)

As the fourth state to ban flavored vape products, they are now in a list with: Massachusetts (November), New Jersey(January), and Rhode Island(April).

The New York governor earned national attention with his management of COVID-19, a virus ravaging the entire planet, and has been a avid opponent of vaping for a long time. Past legislation has shown he has opposed this smoking cessation tool, but has been unsuccessful fighting against vaping business owners and consumers.... until now.

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.