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: A83
SPONSOR: Rosenthal L 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 electronic cigarettes until they have been
deemed safe by the federal Food and 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 electronic ciga-
rettes 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:
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
________________________________________________________________________
83
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 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.
LBD00676-01-3
