New York Statewide Rule

New York Tobacco 21 and Flavored Vape Ban

Heavy RestrictionsApplies statewide across New York (2026)

Key Facts

Minimum Sales Age: 21 statewide (Public Health Law §1399-cc)
Tobacco 21 Act: Signed July 2019, effective November 2019
Flavored Vapes: Banned statewide (PHL §1399-mm-1, May 2020)
Flavors Covered: Menthol, mint, and fruit e-liquids included
Federal Alignment: Matches federal Tobacco 21 (Dec 2019, Pub.L. 116-94)
Retailer License: DTF registration required; DOH and DTF enforce

Last verified: August 21, 2026Source: NY Department of Health — Tobacco Control

Summary

New York Public Health Law §1399-cc raised the minimum age to purchase tobacco and vapor products to 21 (Tobacco 21 Act, signed 2019). New York also bans the sale of all flavored vapor products under Public Health Law §1399-mm-1, effective May 18, 2020.

2. Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or smoking paraphernalia to individuals under twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height.

Source: NY Department of Health — Tobacco ControlView official code

Full Breakdown

New York Public Health Law §1399-cc prohibits the sale of tobacco products, herbal cigarettes, liquid nicotine, and vapor products to persons under 21 years of age. The Tobacco 21 Act (Chapter 121 of 2019) was signed July 16, 2019 and took effect November 13, 2019, predating the federal T21 amendment that took effect December 20, 2019. Beyond age, PHL §1399-mm-1 prohibits the sale of flavored vapor products statewide; the ban was enacted in the April 2020 state budget and took effect May 18, 2020, after an earlier 2019 emergency regulation was blocked in court. Retailers must hold a Certificate of Registration from the NY Department of Taxation and Finance and verify ID for any purchaser appearing under 25.

Violations & Penalties

Civil penalties up to $1,000 first violation, $2,500 subsequent under PHL §1399-ee. License suspension/revocation by NY Department of Taxation and Finance for repeat offenders. Local boards of health also issue penalties.

Frequently Asked Questions

What is the legal age to buy tobacco in New York?

Age 21 statewide under Public Health Law §1399-cc, effective November 13, 2019. Applies to cigarettes, cigars, smokeless tobacco, e-cigarettes, and vapor products.

Are flavored vapes legal in New York?

No. New York bans the sale of all flavored vapor products including menthol, mint, and fruit flavors under PHL §1399-mm-1. Tobacco-flavored vapor remains legal for those 21+.

Can localities set stricter tobacco rules?

Yes. New York counties and cities (including NYC) routinely set stricter retail licensing, flavor restrictions on combustibles, and density caps. The state floor is age 21 plus the flavored-vape ban.

Sources

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