Budget brings major changes to how and where tobacco and vaping products will be sold

Photo by Lauren Bishop, U.S. Centers for Disease Control and Prevention
A test tube rack containing various electronic cigarettes that will undergo testing at a U.S. Centers for Disease Control and Prevention laboratory. New laws passed as part of the New York State budget will requires manufacturers of vapor products to disclose ingredients to the DOH Commissioner and the public, regardless of whether those ingredients are intentional or unintentionally added. The new law will ban certain carrier oils if they are determined to be harmful.

The Legislature and the governor agreed on several changes to how and where tobacco and vaping products will be regulated and sold in New York state, enacting these new laws in the state budget signed last Friday.

These new restrictions include banning the sales and distribution of flavored e-cigarette or vapor products other than tobacco flavored, unless approved by the Federal Drug Administration (FDA) in a pre-market approval. Pharmacies will no longer be allowed to sell any tobacco products. Coupons and manufacturer discounts advertising displays in shops are also banned.

New requirements are also being put in place to help ensure the safe use of e-products. E-liquids are restricted to being delivered to state-licensed vapor sellers only, effectively ending mail-order sales of vaping products in New York. In addition, manufacturers must disclose all ingredients, byproducts and contaminants in their products. Carrier oils will be banned if they’re determined to be harmful by the FDA.

Steps are also being taken to limit tobacco use by children and young adults. There are new restrictions limiting the public display of tobacco and vapor products near schools and increasing penalties for illegally selling tobacco products to minors.

These changes come only a few months after New York received a failing grade from the American Lung Association on this year’s State of Tobacco Control, which “evaluates states and the federal government on the proven-effective tobacco control laws and policies necessary to save lives.”

The budget also provides for a new vaping prevention awareness and control program for students, coordinated between the state Commissioner of Health and Commissioner of Education.

The budget included level funding for the New York State Tobacco Control Program.