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