New York bans the sale of flavored vapor products other than tobacco flavor statewide, and Buffalo retailers cannot sell mint, menthol, fruit, or candy-flavored e-liquids regardless of nicotine content.
NY Public Health Law section 1399-mm-1, enacted in 2020, prohibits any retailer from selling, distributing, or offering for sale flavored vapor products, except those with a characterizing flavor of tobacco. The ban covers mint, menthol, fruit, candy, dessert, and any combination flavoring of e-liquids and pods, including zero-nicotine versions. Buffalo and Erie County health inspectors enforce the rule alongside the NY Department of Health. Online sales shipped to NY addresses must comply, and shop signage advertising flavored vapor is restricted. Some flavored cigars are also covered under federal and state rules.
Selling banned flavored vapor products can lead to fines of up to one hundred dollars per unit, retail license suspension, and seizure of inventory by health inspectors.
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See how Buffalo's flavored tobacco bans rules stack up against other locations.
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