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New York Vaping Status

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Last Updated: 10/17/19

This state specific posting is part of an ongoing effort to provide updated information to consumers and businesses within the vaping industry regarding existing, upcoming, and potential bans of vaping products.

We will continue to work to keep the information as current and up to date as possible to answer questions you may have and help alleviate concerns and misinformation.

While we work to include as much relevant information as possible, we recommend going directly to the government website for your state to find additional information such as “Notices of Public Hearings”, “Voting Deadlines”, and updates on relevant legislation.

Here’s what we know so far for New York State.


LATEST UPDATE

Appellate Court Temporarily Halts NY State Ban on Flavored E-cigarettes

A New York appellate court has provided a reprieve from the statewide ban on flavored e-cigarette products until at least the next court date of Oct 18. Tony Abboud, executive director of the Vapor Technology Association, said in an emailed statement:

“We are very pleased with the New York State Appellate Division’s decision, which acknowledges the strength of our claims about the State’s executive overreach, and which preserves the ability of hundreds of small businesses to remain open and continue to serve their adult customers”

State officials promised to continue moving forward to defend the ban.


BAN ANNOUNCED ON FLAVORED E‑CIGARETTES

Governor Andrew M Cuomo urged the Public Health and Health Planning Council to vote to adopt emergency regulations. In a statement, Governor Cuomo said:

“It is undeniable that vaping companies are deliberately using flavors like bubblegum, Captain Crunch and cotton candy to get young people hooked on e‑cigarettes - it's a public health crisis and it ends today"

The 19 member panel of the Public Health and Health Planning Council voted to pass the measure by a vote count of 17-2.

WHY WAS THE BAN ORDERED?

Governor Cuomo Announces New York State Implements First-in-the-Nation Ban on Flavored E‑Cigarettes

As stated in the above press release from governor.ny.gov:

"The ban, which is now in effect, is the latest in a series of actions to combat the increase in young people using vape products, largely as a result of e‑cigarette companies marketing flavors that are intended to get children addicted to nicotine."

WHEN WILL THE BAN TAKE EFFECT?

The emergency measure goes into effect immediately but will not be enforced until October 7th 2019.

The press release from the Governor’s Press Office states:

“The Department of Health will provide retailers with an approximate two-week grace period before conducting visits to enforce the flavoring ban beginning Friday, October 7.”

WHAT DOES THE BAN MEAN TO RETAILERS?

As with most emergency resolutions, it is difficult to know exactly how the new measure will affect retailers that sell flavored vaping products in New York State until enforcement is in full effect. However, according to the Governor’s Press Office:

ENFORCEMENT
“Local health departments and the Department's District Offices, with State oversight, will handle enforcement.”

FINES
• up to $2,000 per violation, which is defined as each unit of flavored e‑liquid or product containing e‑liquid that is possessed, manufactured, sold or offered for sale

BANNED PRODUCTS
• Ban on the sale of all flavored e‑cigarettes and nicotine e‑liquid products with the exception of tobacco and menthol flavored products

ONLINE SALES
While there is currently no language addressing online sales of flavored e‑cigarettes and nicotine e‑liquids, it is safe to assume that the ban will extend to all online sales shipped into New York State. It remains unclear how the ban will affect the sale of the banned products being shipped out of New York State. We will update this post with new information as it is released.

WHAT DOES THE BAN MEAN TO CONSUMERS?

Again it is difficult to know exactly how the new measure will affect consumers in New York State until enforcement is in full effect. However, based on what is currently known:

Consumers will still be able to purchase tobacco and menthol flavored e‑cigarettes and nicotine e‑liquids for now.

FREQUENTLY ASKED QUESTIONS

If I am an adult can I still vape?
Right now, Yes. Although the only flavored e‑cigarette products you will be able to buy will be tobacco and menthol flavored.

How long will the ban be in effect?
No end date to the ban has been discussed.

How can I make sure my vaping products are safe?
Make sure you only buy FDA Compliant products that have been registered with the FDA prior to the 8-8- 2016 compliance deadline.

Can I buy or sell unflavored nicotine?
Yes. The new ban does not include a ban on unflavored nicotine as it is used in a number of industries and applications other than vaping. However the new rules may make distinctions regarding the type of nicotine advertising, prohibiting anything appearing to be geared toward minors.

Can I still buy or sell flavors?
YES. The new ban does not include a ban on flavors as they are used in a wide variety of industries and applications other than vaping. However the new rules may make distinctions regarding the sale of flavors in stores within a certain distance of nicotine products similar to the tobacco rules for retail stores.


As the vaping industry tries to adapt to keep up with the changing laws and regulations, our goal at Liquid Barn is to help vapors and businesses in the vaping industry better understand the current landscape and options available to them.

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ABOUT LIQUID BARN

Liquid Barn™ is a top-tier manufacturer, online retailer, and wholesale supplier of eLiquid compounds and accessories. We specialize in providing BASE, our FDA compliant unflavored vape juice consisting of only propylene glycol, vegetable glycerin, and optional nicotine. Giving vapors the control to add their choice of FDA compliant flavors and sweeteners as desired. As leaders in e‑cigarette technology and safety, we proudly source our ingredients from the most reputable sources available on the market, while continuing to adapt to consumer needs and FDA regulations.