Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval; imposes penalties of not less than ten thousand dollars for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A273
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale or distribution of electronic cigarettes without federal food and
drug administration premarket order of approval
PURPOSE:
To prohibit the sale of e-cigarettes until they have been deemed safe by
the Food & Drug Administration.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section
1399-cc-1.
Section two sets forth the effective date.
JUSTIFICATION:
Though New York State has achieved record-low smoking rates, electronic
cigarettes and vapes have surged in popularity in recent years. Young
people became hooked on the nicotine in e-cigarettes as a result of
aggressive and misleading marketing efforts directly targeting them.
Electronic cigarette use grew so quickly, the 2018 National Youth Tobac-
co Survey found a 78% increase in electronic cigarette use by middle and
high schoolers from just the year prior. In the summer of 2019,
hundreds of people around the United States were hospitalized for
respiratory problems linked to vaping; multiple deaths were reported.
The American Medical Association urged Americans in September 2019 to
stop vaping until more information was gathered on these illnesses and
the harms associated.
E-cigarettes are a relatively new product, first introduced to the
market in the United States in 2006. E-cigarettes have not been used or
studied long enough for scientists to demonstrate the long-term health
effects associated with their use, so claims that these products are
"safe" are baseless at best. While many e-cigarette manufacturers are
now marketing their product as a smoking cessation device, they are not
yet approved for this purpose by the United States Food and Drug Admin-
istration. This legislation will place a moratorium on the sale of elec-
tronic cigarettes until the federal Food and Drug Administration has
conducted a premarket approval on such products, determining that they
are safe and effective for their intended purpose as a smoking cessation
device.
LEGISLATIVE HISTORY:
2023-24: A.83 - Referred to Health
2021-22: A.649 - Referred to Health
2019-20: A.8626 - Referred to Health
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
273
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale or distribution of electronic cigarettes without federal food and
drug administration premarket order of approval
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-cc-1 to read as follows:
3 § 1399-cc-1. Sale or distribution of electronic cigarettes lacking
4 federal food and drug administration premarket order of approval prohib-
5 ited. 1. The sale or distribution by an establishment of an electronic
6 cigarette is prohibited where the electronic cigarette:
7 (a) is a new tobacco product;
8 (b) requires premarket review under 21 U.S.C. § 387j, as may be
9 amended from time to time; and
10 (c) does not have a premarket review order under 21 U.S.C. §
11 387j(c)(1)(A)(i), as may be amended from time to time.
12 2. Any person, firm, corporation, partnership, association, limited
13 liability company, or other entity that violates the provisions of this
14 section shall be subject to a civil penalty of not less than ten thou-
15 sand dollars per violation, recoverable in an action by the attorney
16 general or by any enforcement authority designated by any municipality
17 or political subdivision.
18 § 2. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01276-01-5
