Prohibits the sale of electronic cigarettes that contain certain toxic metals; requires the department of health to establish a list of prohibited toxic metals; requires the department of health to study the long term health effects of using electronic cigarettes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A188
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes that contain certain toxic metals and
requiring the department of health to study the long term health effects
of using electronic cigarettes
 
PURPOSE:
Prohibits the sale of electronic cigarettes that contain certain toxic
metals as determined by DOH and requires DOH to study the long-term
health effects of using electronic cigarettes.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 requires the Department of Health to establish a list of
toxins that are prohibited from being used in the manufacturing of elec-
tronic cigarettes. Sales of electronic cigarettes that contain any of
those designated metals, including lead, manganese, nickel, chromium,
zinc or other toxic metals, including in the heating element are prohib-
ited.
Section 2 authorizes the Department of Health to promulgate rules and
regulations establishing the list of prohibited toxic chemicals.
Section 3 requires the Department of Health to conduct a study on the
long-term health effects of using electronic cigarettes on user.
 
JUSTIFICATION:
In 2019, hundreds of injuries, and several deaths, were attributed to
the use of electronic cigarettes and other vaping products in New York
State. E-cigarettes have only been in wide use for the past decade or
so, and there are still several unknowns about their safety. While
several studies have shown that the liquids used in e-cigarettes may
contain toxic chemicals, there has been less research into the potential
dangers of the hardware of electronic cigarettes.
A 2018 study from the Johns Hopkins Bloomberg. School of Public Health
found that a significant number of electronic cigarettes tested gener-
ated vapors/aerosols that contained unsafe levels of chromium, manga-
nese, nickel and lead. The authors of the study concluded that the heat-
ing coils used to vaporize e-liquids in electronic cigarettes may be
leaking these toxic chemicals. Exposure to these toxic metals This
legislation will prohibit e-cigarette manufacturers from using toxic
metals, including lead, manganese, nickel, chromium, zinc or other toxic
metals in they products and will also require the Department of Health
to study the long term effects of electronic cigarette use on human
health.
 
LEGISLATIVE HISTORY:
2021-22: A.637 - Referred to Health; S.5106 - Referred to Health
2019-20: A.9553 - Referred to Health; S.7050 - Reported to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The act is effectively 180 days after it has been signed.
STATE OF NEW YORK
________________________________________________________________________
188
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 of electronic cigarettes that contain certain toxic metals and
requiring the department of health to study the long term health
effects of using electronic cigarettes
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-gg-1 to read as follows:
3 § 1399-gg-1. Prohibition on the sale of electronic cigarettes that
4 contain toxic metals. 1. The department shall establish a list of
5 toxins which persons engaged in the business of manufacturing, selling
6 or otherwise distributing electronic cigarettes or any agent or employee
7 of such person shall be prohibited from using in the manufacture of such
8 electronic cigarettes. Such list shall include, but not be limited to,
9 lead, manganese, nickel, chromium, zinc and other toxic metals. Such
10 list shall be regularly updated and shall be published on the depart-
11 ment's website.
12 2. No person engaged in the business of manufacturing, selling or
13 otherwise distributing electronic cigarettes or any agent or employee of
14 such person shall manufacture, sell, or otherwise distribute electronic
15 cigarettes that contain a toxin included on the list established by the
16 department pursuant to subdivision one of this section, including in the
17 heating element or any other internal part of such electronic ciga-
18 rettes.
19 § 2. The department of health shall promulgate any rules and regu-
20 lations, including, but not limited to establishing a list of toxins
21 that are prohibited in the manufacture of electronic cigarettes as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00669-01-3
A. 188 2
1 required by section thirteen hundred ninety-nine-gg-1 of the public
2 health law, as added by section one of this act.
3 § 3. Paragraph (v) of subdivision 1 of section 206 of the public
4 health law, as added by chapter 100 of the laws of 2016, is relettered
5 paragraph (w) and a new paragraph (x) is added to read as follows:
6 (x) direct the department to study the long term health effects on
7 users of electronic cigarettes. Such study shall include data on the
8 long term health effects of inhaling heated aerosols contained in elec-
9 tronic cigarettes.
10 § 4. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law. Effective immediately, the addition, amend-
12 ment and/or repeal of any rule or regulation necessary for the implemen-
13 tation of this act on its effective date are authorized to be made and
14 completed on or before such effective date.