NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5582A
SPONSOR: Brown K TITLE OF BILL:
An act to amend the public health law, in relation to requiring certain
persons attend the electronic cigarette and vaping prevention, awareness
and control program
PURPOSE:
Requires certain persons attend the electronic cigarette and vaping
prevention, awareness and control program.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 1399-ii-1 of the public health law, as added by
section 11 of part EE of chapter 56 of the laws of 2020, is amended.
Section 2: Identifies effective date.
JUSTIFICATION:
This bill would create an electronic cigarette and vaping prevention,
awareness and control program in consultation and collaboration with the
Commissioner of Education, designed to educate students, parents and
school personnel about the health risks associated with vapor product
use and control measures to reduce the prevalence of vaping, particular-
ly among persons less than twenty-one years of age. The program would
include, but not be limited to, the creation of age-appropriate instruc-
tional tools and materials that may be used by all schools, and market-
ing and advertising materials to discourage electronic cigarette use..
The department will also contact the parents and/or guardians of any
found to be using or in possession of an electronic cigarette or vapor
product while less than twenty-one years of age. Such person and the
parents and/or guardians of such person would be required to attend the
electronic cigarette or vapor product prevention, control and awareness
program.
Electronic cigarettes are a relatively recent product and\ manufacturers
had previously geared marketing toward non-smoking youth, with a large
assortment of sweet flavors of e-liquid and ad campaigns. Additionally,
certain youth-targeting e-cigarettes were designed to be small and
sleek, and refillable with user friendly pre-filled pods of liquid-mak-
ing the device easy to conceal from authority figures. A single pod
contains as much nicotine as a pack of cigarettes. The New York State
Department of Health has received numerous reports from New York State
physicians of severe pulmonary (lung-related) illness among patients
ranging from 14 to 71 years of age who were using at least one vape
product prior to becoming ill. Nicotine can harm the developing brain of
adolescents and young adults, which can lead to lower impulse control
and mood disorders, disrupt attention and learning among youth and young
adults; and prime the developing brain for addiction to alcohol and
other drugs, such as cocaine. With or without nicotine, e-cigarette
aerosol is unsafe. E-cigarette aerosol can contain fine and ultrafine
toxic particles that can interfere with the growth and work of the lungs
and increase the risk of heart disease, lung cancer and asthma attacks,
heavy metals such as lead, tin and nickel, chemicals used for flavoring
such as diacetyl that can cause a serious lung disease called bronchiol-
itis obliterarts; and volatile organic compounds (VOCs) that can cause
long-term health effects including cancer. Many of the chemicals found
in cigarette smoke are also found in e-cigarette aerosol. They include
formaldehyde, also found in embalming fluid, cadmium, used in batteries,
benzene, found in gasoline, and toluene, an industrial solvent.
E-cigarette use among youth and young adults is a major public health
concern because today's youth use e-cigarettes more than cigarettes,
cigars, smokeless tobacco and hookah. In fact, almost five times as many
high school students in New York State use e-cigarettes than smoke ciga-
rettes and New York State smoking rate among youth is at a record low
(4.3%), but their e-cigarette use doubled between 2014 and 2016 (from
10.5% to 20.696). While few high school students say they plan to try
smoking cigarette, increased numbers are open to trying. e-cigarettes.
More than half of teens believe nondaily e-cigarette use causes little
or some harm and of young people who use e-cigarettes, a third falsely
believe nondaily e-cigarette use is harmless. E-cigarette use does not
prevent from smoking, in fact adolescents and young adults who use e-ci-
garettes are at increased risk for starting Smoking and continuing' to
smoke and more than half of high school students and young adults who
smoke cigarettes also use e-cigarettes. This bill would create an educa-
tional tool that would help educate and divert young people already at
risk.
LEGISLATIVE HISTORY:
2021-22: A.10547
FISCAL IMPLICATIONS:
None
EFFECTIVE ECTIVE DALE:
This act shall take effect-on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date
