New York Statewide Rule
Flavored Vape Product Ban in New York
Key Facts
- Allowed flavor
- Tobacco only
- Statute
- PHL § 1399-mm-1
- Civil penalty
- Up to $100 per package
- Effective
- May 18, 2020
Summary
New York prohibits the sale of flavored vapor products statewide under Public Health Law § 1399-mm-1, allowing only tobacco-flavored e-liquid for legal retail sale.
2. No vapor products dealer, or any agent or employee of a vapor products dealer, shall sell or offer for sale at retail in the state any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine.
Full Breakdown
The flavored vape law signed in 2020 bans the sale, offer for sale, and possession with intent to sell of any vapor product with a characterizing flavor other than tobacco, including menthol, mint, fruit, candy, and dessert flavors. The Department of Health enforces through retailer inspections, seizure of contraband, and civil penalties. The statute also bars marketing claims that suggest a banned flavor. Combustible flavored cigarettes other than menthol are separately banned at the federal level; New York has not added a state menthol cigarette ban.
Violations & Penalties
Civil penalties reach $100 per individual package of flavored vapor product sold or offered for sale, and the Department of Health may suspend or revoke a tobacco retail registration for repeat offenses.
Frequently Asked Questions
Are menthol vape pods legal in New York?
Can a New York shop sell flavored disposable e-cigarettes from another state?
Sources
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