NYS MUST TAKE ACTION TO STOP ILLEGAL SALES OF FLAVORED E-CIGARETTES TO PROTECT KIDS BEFORE SESSION ENDS
(S5196-A/A2128-A) Hoylman-Sigal/Rosenthal will close enforcement loopholes that vape/tobacco industry have exploited to keep selling illegal flavored e-cigarettes
(Albany, N.Y.) Organizations representing parents, teachers, schools, physicians, health officials, social justice groups and public health advocates from across New York State are joining with lawmakers to call for immediate action to pass legislation sponsored by Senator Brad Hoylman-Sigal and Assemblymember Linda Rosenthal (S5196-A/A2128-A) to protect kids from dangerous and addictive flavored e-cigarettes. The bill closes loopholes in current law that the tobacco/vaping industry and retailers are exploiting to continue selling flavored e-cigarettes illegally in the state. It was recently amended to address technical issues that were raised and it must be passed before the 2025 legislative session ends.
Despite adoption of a 2020 state law that prohibits the sale of flavored e-cigarettes in New York, retailers across the state are evading the law to keep these illegal products on store shelves across the state. In fact, flavored e-cigarettes still account for 30% of e-cigarette sales in New York, according to data from the CDC Foundation.
This legislation would close loopholes and strengthen enforcement of New York’s law. This includes prohibiting wholesalers from sending illegal flavored e-cigarette products to New York retailers; suspending a vapor products retailer’s certificate of registration for illegal e-cigarette sales; creating a civil penalty if a tobacco retailer refuses to make their premises available to an authorized health inspector; and eliminating an exemption in current law that allows the sale of any product that receives a “Premarket Tobacco Product Authorization” (PMTA) order from the FDA.
Senator Brad Hoylman-Sigal said: “We worked hard in 2020 to ban the sale of flavored e-cigarettes and vaping products, which are used to get young people addicted to tobacco products at a young age. Unfortunately, but unsurprisingly, the tobacco industry and local smoke shops have found ways to exploit our laws to continue to sell flavored tobacco products that are targeted towards children. My bill with Assemblymember Rosenthal (S.5196A) would close the loopholes in our existing laws by prohibiting tobacco sellers from distributing flavored products and from keeping these products in their inventory. The bill will also empower local health departments to better enforce our laws. We must stay vigilant in the fight against big tobacco because the industry will stop at nothing to get our kids hooked on their products.”
“Flavored vapes are illegal in New York State. Yet, some retailers have opted to do the bidding of big tobacco and sell these illicit products in violation of the law,” said Assemblymember Linda B. Rosenthal (D/WF – Manhattan). “Local health departments have recognized the need for greater enforcement to protect kids from lifelong nicotine addiction, but lack the tools necessary to hold bad actors accountable. Dozens of public health organizations, county health officials and school boards are calling on the state to crack down on stores selling and harboring illegal products. We must heed their calls and pass my legislation to provide for greater enforcement and keep these dangerous products out of the hands of kids.”
Assemblywoman Paulin, Chair of the New York State Assembly Health Committee, added: “I’m proud to support this important legislation to close the loopholes that have allowed the tobacco industry to continue targeting our children with flavored e-cigarettes. Despite the ban passed in 2020, illegal flavored products remain far too accessible to young people across our state. This bill gives local health departments the tools they need to enforce the law effectively and hold retailers accountable. We cannot afford to wait any longer — with the end of the legislative session fast approaching, we must act now to protect the health and future of New York’s youth. I urge my colleagues in both houses to prioritize this bill and get it passed before session ends. I commend Assemblymember Rosenthal and State Senator Hoylman-Sigal for their hard work and leadership in pushing this critical legislation forward.”
To circumvent New York’s law, retailers routinely stock prohibited products that they falsely claim are not being sold to customers and refuse access to inspectors without penalty. And nothing in the current law prevents wholesalers from shipping these illegal products into New York where they cannot be sold. This must be stopped.
“This legislation is critical to ensuring that New York’s law works as intended to prevent kids from using e-cigarettes,” said Kevin O’Flaherty, Associate Vice-President of State and Local Policy for the Campaign for Tobacco-Free Kids. “New York has been a leader in protecting kids from these nicotine-loaded products, which are highly addictive and can harm the developing adolescent brain. This legislation must be passed now to ensure the law is enforced to keep flavored e-cigarettes out of kids’ hands.”
Data shows that nearly 1 in 5 high schoolers in New York use e-cigarettes, and nearly 90% of youth who vape use flavored products. A newly released June 2025 study also found that e-cigarette nicotine content sold in disposable e-cigarettes jumped by 2,364.5% since 2020, while cartridge-based devices increased by just 1.3%. Disposable e-cigarettes are bigger, stronger, and cheaper than ever before, increasing their addiction risk to kids. The U.S. Surgeon General has found that youth use of nicotine in any form, including e-cigarettes, is unsafe, can cause addiction and can harm adolescent brain development, particularly the parts of the brain responsible for attention, memory and learning.
This youth nicotine addiction crisis is a major challenge for school districts across the state, causing schools to take extreme measures to ensure vaping isn’t happening on school grounds or in the classroom. It is not uncommon for schools to be forced to lock bathrooms and other unattended rooms and eliminate or curtail the use of backpacks, which impacts all students.
A2128A is currently in the health committee in the Assembly while S5196A has advanced and is on the Senate floor awaiting action by the chamber. Both houses must take action now to pass this bill and stop the illegal sales of flavored e-cigarettes to prevent more young people from being hooked on nicotine for a lifetime.
This legislation is supported by over fifty organizations throughout the State which urge its passage before the 2025 session ends this month:
| Action on Smoking and Health
African American Tobacco Control Leadership Council Albany College of Pharmacy and Health Sciences Allergy & Asthma Network American Cancer Society Cancer Action Network American Heart Association American Lung Association American Medical Association American Nurses Association – New York Boys & Girls Clubs of the Capital Area Campaign for Tobacco-Free Kids Children’s Defense Fund-NY Community Health Care Association of New York State Council of School Superintendents Healthcare Association of New York State Healthy Capital District Initiative Korean Community Services of Metropolitan New York, Inc. March of Dimes Miss Abbie’s Kids Medical Society of the State of New York Mental Health Association in New York State, Inc. National Association for the Advancement of Colored People New York Chapter American College of Physicians Services |
New York Chapter of the American College of
Surgeons New York Public Interest Research Group New York School-Based Health Alliance New York State Academy of Family Physicians New York State American Academy of Pediatrics, Chapters 1, 2 & 3 New York State Association of County Health Officials New York State Association for Health, Physical Education, Recreation & Dance New York State Association for Rural Health New York State Association of School Nurses New York State Council of Health-system Pharmacists New York State Osteopathic Medical Society New York State Parent Teacher Association New York State Public Health Association New York State Radiological Society New York State School Boards Association New York State Society of Anesthesiologists, Inc. New York State United Teachers Parents Against Vaping (PAVe) Pharmacists Society of the State of New York Public Health Solutions Roswell Park Comprehensive Cancer Center St. Peter’s Health Partners Stan Martin Consulting, LLC Trinity Health |
