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Brighton, NY Tobacco & Vaping: Flavored Tobacco Bans (2026)

Heavy Restrictions

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Key Facts

Allowed flavor: Tobacco only
Statute: PHL § 1399-mm-1
Max civil penalty: $10,000
Effective: May 18, 2020

New York state rule: Brighton does not have a local ordinance for flavored tobacco bans. This topic is governed by New York state law and applies uniformly across the state.

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.

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 & Fines

Civil penalties up to $10,000 per violation are available for sellers, 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?

No. Public Health Law § 1399-mm-1 prohibits any vapor product with a characterizing flavor other than tobacco, and menthol e-liquid falls within the ban.

Can a New York shop sell flavored disposable e-cigarettes from another state?

No. Possession with intent to sell flavored vapor products in New York is prohibited regardless of where they were manufactured or purchased.

How does Brighton compare?

See how Brighton's flavored tobacco bans rules stack up against other locations.

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Brighton, NY Tobacco & Vaping: Flavored Tobacco Bans (2026)

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