The sale of flavored vapes and e-cigarettes has been prohibited in New York State since 2020, when both state and federal laws were enacted to address the growing problem of adolescent nicotine addiction. However, the ban has not effectively stopped retailers from continuing to sell these products, making them readily available to young customers.
A recent poll conducted by the New York Post revealed that 53% of New York State residents were unaware of the ban on flavored e-cigarettes and vapes. This lack of awareness has allowed vape shops across the state to continue purchasing flavored nicotine inventory from distributors and selling them to customers, often by keeping the products hidden from plain sight.
New Bill Aims to Close Loopholes in Flavored Vape Ban
In an effort to close the loopholes that have allowed flavored vapes to remain accessible, New York State lawmakers are now working to amend the existing law. A new bill in the New York State Senate seeks to outlaw nicotine distributors from selling flavored nicotine vapor products to retailers, effectively cutting off the supply of these illegal products to stores.
The Albany Times Union reports that the bill also targets technology used by vape manufacturers to create a cooling effect in certain flavors, which mimics the sensation of menthol, another banned substance. While the bill is currently pending in the Senate, its passage could significantly impact the 20% of New York high school students who use e-cigarettes and vaping products.
New York City Files Lawsuit Against Flavored E-Cigarette Distributor
In a related development, New York City has filed a federal lawsuit against Price Point Distributors Inc., a major distributor of disposable flavored e-cigarettes based in Farmingdale, Long Island. The lawsuit alleges that the company has been distributing e-cigarettes with flavors such as snow cone, strawberry shortcake, and Hawaii Punch to retail stores and directly to consumers in New York City and across the country through online sales.
New York City Mayor Eric Adams and Acting Corporation Counsel Muriel Goode-Trufant announced the lawsuit, stating that the company's actions violate nearly every applicable federal, New York State, and New York City law governing the sale of such products. They emphasized that flavored vapes are the most popular devices for nicotine use among middle and high school youth.
The lawsuit seeks to block Price Point Distributors Inc. from further sales of illegal vapes and seeks both monetary damages and fines from the company. This action is the latest in a series of efforts by the Adams administration to curb the illegal sale of flavored e-cigarettes, which are particularly appealing and addictive to teens.
E-Cigarette Use Among Youth Drops, but Flavor Preference Remains High
According to the most recent data from the 2024 National Youth Tobacco Survey (NYTS), e-cigarette use among U.S. youth has dropped to its lowest level in a decade. However, the report also noted that 87.6% of youth said they prefer flavored e-cigarettes.
The Food and Drug Administration (FDA) banned flavored vape cartridges in 2020, and flavored e-cigarettes can only be legally sold if they receive authorization from the FDA through the premarket tobacco product application (PMTA) process. To date, only Njoy LLC's four menthol-flavored e-cigarette products have received FDA authorization among non-tobacco flavored e-cigarette products.
As New York State and City officials continue their efforts to enforce the ban on flavored vapes and e-cigarettes, it remains to be seen whether these measures will effectively reduce youth access to these addictive products and curb the ongoing public health concern of adolescent nicotine addiction.
