Prohibits the sale of vape products that resemble school supplies, toys, or are packaged or advertised in any way to appeal to or target minors or the youth population.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8952
SPONSOR: Fall TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of vape products that resemble school supplies
PURPOSE:
The purpose of this legislation is to ensure any place of business where
tobacco and other vaping products are sold do not carry products inten-
tionally packaged to appeal to our youth population in the form of
school supplies and other related products.
SUMMARY OF PROVISIONS:
Section 1. Section 1399-cc of the public health law is amended by adding
a new subdivision 8 to prohibit businesses wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha, electronic cigarettes, roll-
ing papers or smoking paraphernalia are sold or offered for sale from
carrying vaping products designed to resemble youth school supplies or
any other product packaging tailored or advertised to the youth popu-
lation.
Section 2. Is the enacting clause.
JUSTIFICATION:
As of September 2023, the Federal Drug Administration sent over fifteen
(15) letters to online retailers warning them to cease selling e-cigar-
ettes and vapes that resemble toys and supplies, noting they are an
attempt to target children. Examples of new vaping and e-cigarette pack-
aging include products designed to resemble cartoon, movie or video game
characters, toys and electronic devices and school supplies including
markers, highlighters, ballpoint pens and thumb drives.
Research shows a younger person is more likely to become addicted to
nicotine products as their brains are still developing. We are further
seeing the potential for other harmful drugs such as fentanyl to become
laced with marijuana in vape pens, as seen through a near-death incident
occurring in New Rochelle High School. In an industry that continues to
innovate and manufacture products designed to entice usage by the youth
population, it is critical we provide safeguards in our state.
https://www.fda.gov/tobacco-products/ctp-newsroom/ retailers-warneds-
top-selling-illegal- ecigarettes-resembling-youth-appealing-characters-
school
https://www.cbsnews.cominewyorkinews/in-wake-of-scary- incident-at-new-
rochelle-high-schoolexpert-offers- advice-how-to-keep-kids-who-vapesafe/
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8952
IN ASSEMBLY
January 30, 2024
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of vape products that resemble school supplies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-cc of the public health law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Any person operating a place of business wherein tobacco products,
4 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes, roll-
5 ing papers or smoking paraphernalia are sold or offered for sale is
6 prohibited from selling, distributing, permitting the sale, offering for
7 sale or displaying for sale any such product that resembles or is
8 designed to resemble school supplies, toys, or any other product packag-
9 ing tailored or advertised in any way to appeal to or target minors or
10 the youth population. Such product packaging shall include, but not be
11 limited to any picture, logo, symbol, motto, selling message, or color
12 or pattern of colors.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13660-02-3
