Requires the department of health to establish nicotine levels for electronic cigarettes and e-liquids which automatically taper in nicotine strength in amounts and at certain time intervals; requires manufacturers to only manufacture, cause to be manufactured, or sold, in this state, any electronic cigarette or e-liquid unless such product automatically tapers in nicotine strength in amounts and at certain time intervals as determined by the department of health.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A143
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing nico-
tine levels for electronic cigarettes and e-liquids which automatically
taper in nicotine strength in amounts and at certain time intervals
 
PURPOSE:
To require the nicotine strength of e-cigarettes to automatically taper
off, improving their effectiveness as a potential smoking cessation
device.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 1399-aa of the public health law by adding a
new subdivision 14.
Section two amends section 1399-dd of the public health law. Section
three 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. 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.
Despite lacking United States Food and Drug Administration approval for
use as a smoking cessation device, electronic cigarettes manufacturers
aggressively market their products as smoking cessation tools. While
some smokers may switch to e-cigarette devices with the intention of
quitting nicotine and tobacco use, for many people, e-cigarettes are an
initiation product and mark the beginning of a potentially lifelong
nicotine addiction.
The goal of nicotine replacement therapies, such as nicotine gum or the
patch, is to slowly reduce the amount of nicotine until the user does it
rely on any nicotine at all. They are not intended for long-term use and
instead are used to aid in quitting smoking or the use of chewing tobac-
co. Since e-cigarette manufacturers are marketing their devices as smok-
ing cessation devices, they should be designed to function as such. This
legislation would help ensure their efficacy as smoking cessation
devices by requiring that e-cigarettes automatically taper the amount of
nicotine delivered to the user, as is recommended with other nicotine
replacement therapies.
 
LEGISLATIVE HISTORY:
2021-22: A.646 - Referred to Health 2019-20: A.8629 - Referred to Health
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect in 90 days.
STATE OF NEW YORK
________________________________________________________________________
143
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing nico-
tine levels for electronic cigarettes and e-liquids which automat-
ically taper in nicotine strength in amounts and at certain time
intervals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-aa of the public health law is amended by
2 adding a new subdivision 19 to read as follows:
3 19. "E-liquid" means a liquid composed of nicotine and other chemi-
4 cals, and which is sold as a product that may be used in an electronic
5 cigarette.
6 § 2. Section 1399-dd of the public health law, as amended by chapter
7 448 of the laws of 2012, subdivision (d) as amended by chapter 100 of
8 the laws of 2019, is amended to read as follows:
9 § 1399-dd. Sale and manufacture of tobacco products, herbal cigarettes
10 or electronic cigarettes [in vending machines]. 1. No person, firm,
11 partnership, company or corporation shall operate a vending machine
12 which dispenses tobacco products, herbal cigarettes or electronic ciga-
13 rettes unless such machine is located: (a) in a bar as defined in subdi-
14 vision one of section thirteen hundred ninety-nine-n of this chapter, or
15 the bar area of a food service establishment with a valid, on-premises
16 full liquor license; (b) in a private club; (c) in a tobacco business as
17 defined in subdivision eight of section thirteen hundred ninety-nine-aa
18 of this article; or (d) in a place of employment which has an insignif-
19 icant portion of its regular workforce comprised of people under the age
20 of twenty-one years and only in such locations that are not accessible
21 to the general public; provided, however, that in such locations the
22 vending machine is located in plain view and under the direct super-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00674-01-3
A. 143 2
1 vision and control of the person in charge of the location or his or her
2 designated agent or employee.
3 2. (a) No person, firm, partnership, company, or corporation engaged
4 in the business of manufacturing electronic cigarettes or e-liquids
5 shall manufacture, cause to be manufactured, or sold, in this state, any
6 electronic cigarette or e-liquid unless such product is programmed to
7 automatically taper in nicotine strength in amounts and at certain time
8 intervals as determined by the department.
9 (b) Any person, firm, partnership, company, or corporation who
10 violates this subdivision, or any rule or regulation promulgated pursu-
11 ant thereto, may be assessed by the commissioner, a civil penalty for
12 each such violation. Each violation and each day during which a
13 violation continues shall constitute a separate violation.
14 § 3. This act shall take effect on the ninetieth day after it shall
15 have become a law. Effective immediately, the addition, amendment and/or
16 repeal of any rule or regulation necessary for the implementation of
17 this act on its effective date are authorized to be made and completed
18 on or before such effective date.