Rpld §1399-mm-1, add Art 13-I §§1399-xx - 1399-bbb, Pub Health L; add §99-ss, St Fin L
Relates to the labeling, marketing and safety requirements of vapor products; prohibits labeling or marketing vapor products with certain terms, designs, or imagery; prohibits marketing such products to persons under 21; establishes penalties for violating such provisions; establishes the vapor products compliance fund.
STATE OF NEW YORK
________________________________________________________________________
4913
2025-2026 Regular Sessions
IN SENATE
February 14, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to regulating vapor
products; to amend the state finance law, in relation to establishing
the vapor products compliance fund; and to repeal certain provisions
of the public health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-mm-1 of the public health law is REPEALED.
2 § 2. This act shall be known and may be cited as the "vapor products
3 regulatory act of 2025".
4 § 3. The public health law is amended by adding a new article 13-I to
5 read as follows:
6 ARTICLE 13-I
7 VAPOR PRODUCTS REGULATORY ACT
8 Section 1399-xx. Purpose of article.
9 1399-yy. Definitions.
10 1399-zz. Manufacturing, labeling, marketing, and safety
11 requirements.
12 1399-aaa. Penalties and suspension; enforcement.
13 1399-bbb. Exceptions.
14 § 1399-xx. Purpose of article. The purpose of this article is to
15 protect public health and safety by ensuring the safety and security of
16 e-liquid and vapor products manufactured for sale in this state, ensur-
17 ing that e-liquid and vapor products manufactured or sold in this state
18 conform to appropriate standards related to labeling, marketing, and
19 appearance, ensuring that e-liquid and vapor products are not contam-
20 inated by the inclusion of ingredients or other substances that might
21 pose unreasonable threats to public health and safety, and ensuring that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06693-02-5
S. 4913 2
1 e-liquid and vapor products manufactured or sold in this state are not
2 targeted to appeal to minors.
3 § 1399-yy. Definitions. As used in this article:
4 1. "Adult-only store" means a retail store operated by a retail dealer
5 or vapor products dealer to which admission is restricted to persons
6 twenty-one years of age or older and which posts signage on the entrance
7 to such store which states "MINORS UNDER 21 AND UNACCOMPANIED BY AN
8 ADULT ARE NOT ALLOWED ON THE PREMISES."
9 2. "Advertise" or "advertising" means the publication or dissemination
10 of an advertisement.
11 3. "Advertisement" includes any written or verbal statement, illus-
12 tration, or depiction which is calculated to induce sales of vapor
13 products, including any written, printed, graphic, or other material,
14 billboard, sign, or other outdoor display, public transit card, other
15 periodical literature, publication, or in a radio or television broad-
16 cast, or in any other media; except that such term shall not include:
17 (a) Any label affixed to any e-liquid or vapor product, or any indi-
18 vidual covering, carton, or other wrapper of such bottle that consti-
19 tutes a part of the labeling under provisions of this article.
20 (b) Any editorial or other reading material in any periodical or
21 publication or newspaper for the publication of which now money or valu-
22 able consideration is paid or promised, directly or indirectly, by any
23 licensee, and which is not written by or at the direction of the licen-
24 see.
25 4. "Distributor" means a person who has a permit that authorizes such
26 person to:
27 (a) distribute, sell, barter, or exchange e-liquid or vapor products
28 in this state for the purpose of resale; or
29 (b) purchase e-liquid or vapor products directly from a manufacturer
30 or distributor for the purpose of resale in this state.
31 5. "E-liquid" means a solution that: (a) contains propylene glycol,
32 vegetable glycerin, nicotine, nicotine salts and/or flavorings; and (b)
33 is intended to be used in a vapor product. Provided, however, that e-li-
34 quid does not include cannabis, THC, CBD, or hemp as defined under the
35 laws of this state.
36 6. "Health-related statement" means any statement related to health,
37 including statements of a curative or therapeutic nature that, expressly
38 or implicitly, suggest a relationship between the consumption of e-li-
39 quids or vapor products and health benefits or effects on health.
40 7. "Manufacturer" means a person located inside this state, including
41 any re-packer and/or re-labeler, that is engaged in manufacturing e-li-
42 quids or vapor products.
43 8. "Manufacturing" means the process by which an e-liquid or vapor
44 product is fabricated, assembled, packaged or labeled, and sealed in
45 final packaging intended for customer use.
46 9. "Market" or "marketing" means any act or process of promoting or
47 selling vapor products, including, but not limited to, sponsorship of
48 sporting events, point-of-sale advertising, and promotions or products
49 specifically designed to appeal to certain demographics.
50 10. "Minor" means an individual who is less than twenty-one years of
51 age.
52 11. "Packaging" means any receptacle that contains a finished e-liquid
53 or a vapor product.
54 12. "Retailer" means a person, other than a manufacturer or distribu-
55 tor, who in the ordinary course of the person's regular trade or busi-
56 ness:
S. 4913 3
1 (a) acquires any form of e-liquid or vapor products for the purpose of
2 resale to an end consumer; and
3 (b) sells an e-liquid or a vapor product to another person for money
4 or other consideration.
5 13. "Sale" or "sell" means to exchange or otherwise furnish any e-li-
6 quid or vapor product to any individual of legal age for monetary value.
7 14. "Social media" or "social media platform" means an online forum,
8 website or application that satisfies each of the following criteria:
9 (a) allows users to upload content or view the content or activity of
10 other users;
11 (b) employs algorithms that analyze user data or information on users
12 to select content for users; and
13 (c) has any of the following features:
14 (i) infinite scrolling;
15 (ii) push notifications or alerts sent by the online forum, website,
16 or application to inform the user about specific activities or events
17 related to the user's account;
18 (iii) displays personal interactive metrics that indicate the number
19 of times other users have clicked a button to indicate their reaction to
20 content or have shared or reposted the content;
21 (iv) auto-plays video or videos begin to play without the user first
22 clicking on the video or play button to view such video; or
23 (v) has live-streaming functions that allow users or advertisers to
24 broadcast live video content in real-time.
25 15. "Tamper-evident package" means a package having at least one indi-
26 cator or barrier to entry that, if breached or missing, can reasonably
27 be expected to provide visible evidence to consumers that tampering has
28 occurred.
29 16. "Vapor product" means an electronic device that converts e-liquid
30 to a vapor intended for inhalation that may or may not contain e-liquid.
31 § 1399-zz. Manufacturing, labeling, marketing, and safety require-
32 ments. 1. Manufacturers, distributors, and retailers shall comply with
33 the following requirements:
34 (a) E-liquid bottles must use a child proof cap that has the child
35 resistant effectiveness set forth in the federal poison prevention pack-
36 aging standards, 16 CFR 1700.15(b)(1), as amended from time to time.
37 (b) E-liquid bottles or vapor products that contain e-liquid must use
38 a tamper-evident package. Such tamper-evident package shall be designed
39 to remain intact when handled in a reasonable manner during the manufac-
40 ture, distribution, and retail display of the e-liquid bottle.
41 (c) Labels on e-liquid bottles must meet the nicotine addictiveness
42 warning statement requirements set forth in 21 CFR 1143.3, as amended
43 from time to time.
44 (d) Packages containing an e-liquid bottle or vapor product must
45 contain the name of the manufacturer or distributor and shall have the
46 address of such manufacturer or distributor firmly affixed to or printed
47 on the package for tracking purposes. A scannable bar code or QR code
48 located on the package may meet this requirement.
49 2. A manufacturer, distributor, or retailer of e-liquids or vapor
50 products shall not sell or offer for sale any e-liquid or vapor product
51 that:
52 (a) Uses in the labeling or packaging of the product or in its market-
53 ing materials:
54 (i) the terms "candy", "candies", or variants in spelling, except for
55 use in the name of a licensee, including the licensee's doing business
56 as name;
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1 (ii) the terms "bubble gum", "cotton candy", "gummy bear", "gummy
2 worm", "lollipop", or variations of such terms, except for use in the
3 name of a licensee, including the licensee's doing business as name;
4 (iii) any other terms or phrases which the department has, by regu-
5 lation, determined has a disproportionate appeal to minors, provided
6 that such regulation shall not apply to: (1) terms relating to the name
7 of a type of fruit; (2) the term "mint" or terms that relate to a type
8 of mint; (3) the terms "menthol" or "ice"; or (4) terms containing the
9 word "tobacco";
10 (b) Uses, in the labeling or design of the product or its packaging,
11 or in its marketing materials, images of or references to cartoons,
12 cartoon characters, superheroes, television shows, video games, and
13 movies, or other similar characters or references, that have been prima-
14 rily used to market products to minors;
15 (c) Uses, in the labeling or design of the product, or its packaging,
16 or in its marketing materials, trade dress, trademarks, or other related
17 imagery that imitate or replicate trade dress, trademarks, or other
18 imagery of food brands or products that have been primarily marketed to
19 minors, including but not limited to: brands of breakfast cereals, cook-
20 ies, juice drinks, soft drinks, ice creams, and frozen pops; or
21 (d) Uses, in the labeling or design of the product or its packaging,
22 or in such products marketing materials, trade dress, trademarks, or
23 other related imagery that imitate or replicate trade dress, trademarks,
24 or other imagery of school supplies.
25 3. A manufacturer, distributor or retailer of e-liquids or vapor
26 products shall not advertise or market any vapor product except in the
27 following manner:
28 (a) Advertisements may not be materially false or untrue and any
29 statement contained therein must be consistent with the e-liquid's or
30 vapor product's labeling;
31 (b) Advertisements may not contain any health or therapeutic claims;
32 (c) Advertisements on billboard signs must not be within one thousand
33 feet of a primary or secondary school, playground, or youth center;
34 (d) Advertisements for e-liquids or vapor products shall be prohibited
35 on social media as defined in this article unless the recipient of the
36 content has been age verified by a verified age gating process.
37 § 1399-aaa. Penalties and suspension; enforcement. 1. The department
38 may assess a civil penalty against a manufacturer, distributor, or
39 retailer for a violation of this article in an amount not to exceed five
40 thousand dollars. A civil penalty may be assessed in addition to other
41 penalties authorized pursuant to this article.
42 2. The attorney general is authorized to investigate and enforce
43 violations of subdivision two of section thirteen hundred ninety-nine-zz
44 of this article. Upon determining that a manufacturer, distributor, or
45 retailer has violated any provision of such subdivision, the attorney
46 general may bring a civil action in any court of competent jurisdiction
47 to: (a) seek injunctive relief restraining or enjoining any manufactur-
48 er, distributor, or retailer from continuing to engage in activities
49 that violate subdivision two of section thirteen hundred ninety-nine-zz
50 of this article; (b) recover civil penalties of up to ten thousand
51 dollars per violation; or (c) obtain appropriate relief to protect the
52 public interest.
53 3. Civil penalties collected under this section shall be deposited in
54 the vapor products compliance fund established pursuant to section nine-
55 ty-nine-ss of the state finance law.
S. 4913 5
1 § 1399-bbb. Exceptions. The provisions of this article shall not apply
2 to any vapor products dealer, or any agent or employee of a vapor
3 products dealer, who sells or offers for sale, or who possesses with
4 intent to sell or offer for sale, any flavored vapor product intended or
5 reasonably expected to be used with or for consumption of nicotine in an
6 adult-only store.
7 § 4. The state finance law is amended by adding a new section 99-ss to
8 read as follows:
9 § 99-ss. Vapor products compliance fund. 1. There is hereby estab-
10 lished in the joint custody of the comptroller and the commissioner of
11 taxation and finance a fund to be known as the "vapor products compli-
12 ance fund".
13 2. Such fund shall consist of revenues received by the state pursuant
14 to section thirteen hundred ninety-nine-aaa of the public health law and
15 all other moneys appropriated, credited, or transferred thereto from any
16 other fund or source pursuant to law.
17 3. All moneys of the vapor products compliance fund, following appro-
18 priation by the legislature, shall be made available for the purposes of
19 enforcement of the provisions of article thirteen-I of the public health
20 law.
21 4. Moneys shall be payable from the fund on the audit and warrant of
22 the comptroller on vouchers approved and certified by the commissioner
23 of health.
24 § 5. This act shall take effect on the ninetieth day after it shall
25 have become a law.
