Prohibits the sale of entertainment vapor products, or any vapor product that has bluetooth, wireless internet, or other internet connectivity, or the ability to play virtual games, play music, or display photos or other animations on the device.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A22
SPONSOR: Rosenthal
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of entertainment vapor products
 
PURPOSE:
This legislation will further combat the youth vaping epidemic by
prohibiting the sale of vapor products with entertainment features in
the State of New York.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 1399-11-1 to the public health law.
Section two establishes the effective date.
 
JUSTIFICATION:
New York State has been a leader in addressing the youth vaping epidem-
ic. Big tobacco has relied on manipulative marketing practices, enticing
flavors, and other tactics to draw in young people, turning them into
lifelong customers. In 2020, New York State banned the sale of flavored
e-cigarettes, which have caused tremendous harm to users, youth in
particular.
Big tobacco's newest trick to attract a new generation of customers is
the sale of "entertainment vapor products," e-cigarettes that include
"fun" and trendy features like Bluetooth, internet connectivity, digital
screens to display photos and animations and virtual games to play
directly on the device. These products draw users in with their features
and encourage them to continue. vaping by "gamifying" the experience and
offering rewards to those who continue using the product. Just as New
York State banned vapor products the at appeal to children through
flavors and flashy marketing, it is time to provide the same protection
against products that aim to combine vaping with the features of a video
game or smaitphone. This legislation would prohibit the sale of enter-
tainment vapor products in the state and establish civil penalties for
any retailers found to be in violation.
 
LEGISLATIVE HISTORY:
2023-24: A.10713 - Referred to Health
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.