New York, NY – New York State Assemblymember Linda B. Rosenthal (D/WF, Manhattan) announced that her bill, A. 9529, which requires federal Food and Drug Administration (FDA) approval of “electronic cigarettes” before they can be sold in New York State and permanently outlaws their sale to minors today passed the Assembly by a 125-0 margin.

“My legislation will place these deceptively marketed products that are filled with highly addictive nicotine and other unknown chemicals, including ingredients found in antifreeze under FDA regulation,” said Assemblymember Rosenthal. “This bill will ensure that e-cigarettes will not be available for purchase until they are adequately tested and their potential health risks examined.”

Electronic cigarettes are battery-powered devices that vaporize packets of nicotine, flavor and other chemicals for inhalation by the user. These products are manufactured overseas and have gained popularity in the past year. Most commonly sold as tobacco-cessation devices to help smokers quit, electronic cigarettes’ promotional materials frequently claim that they are a safe, healthy alternative to smoking, although there is no scientific body of research to support this claim.

In addition to internet sales, the devices are often found in shopping malls and other locations that are easily accessible to children, and are sold in flavored varieties such as strawberry and chocolate. The amount of nicotine in each e-cigarette varies considerably, as no industry standard for this product exists. Repeated usage can foster nicotine addiction, which could then lead to full-fledged tobacco addiction.

“I introduced this legislation to combat the proliferation of these devices, which are being aggressively marketed online and over the counter,” said Assemblymember Rosenthal. “The health effects of e-cigarettes are at best unknown, and undermine legitimate tobacco prevention and cessation efforts. In addition to protecting the Cancer Services Program in the NYS budget and advocating for a more preventive health system, this bill is a major component of my legislative health agenda for 2010.”

Organizations including the American Cancer Society, the American Lung Association, the American Heart Association and the City of New York have issued memos of support on behalf of Assemblymember Rosenthal’s legislation. The bill has been introduced in the New York State Senate by Senator Jeff Klein (D-Bronx/Westchester).

"New Yorkers are sharp. We won't be bamboozled by manufacturers claiming that e-cigarettes are a safe alternative to tobacco use; and the American Cancer Society is delighted that Assemblymember Linda Rosenthal won't be fooled either," said Donald Distasio, CEO, American Cancer Society of NY & NJ. "E-cigarettes contain many unknown chemicals that can lead to nicotine dependence and to a traditional cigarette addiction in children. And they can prevent many people from completely quitting smoking. The American Cancer Society urges the Senate to follow suit, and act quickly to keep e-cigarettes out of the hands of our state's kids."

“E-cigarettes appear to be dangerous drug-delivery devices which we believe should be regulated by the Food & Drug Administration (FDA),” said Scott T. Santarella, President & CEO of the American Lung Association in New York. “Until the federal courts untie FDA's hands so that they can adequately regulate these products, we applaud the Assembly for proactively protecting the health of New Yorkers,” continued Santarella.

Assemblymember Rosenthal (D/WF) represents the Upper West Side of Manhattan and parts of Clinton/Hell’s Kitchen.