NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A273
SPONSOR: Rosenthal L TITLE OF BILL:
An act to repeal subdivision 4 of section 1399-mm-l of the public health
law, relating to exempting certain vapor products dealers from the
prohibition of selling flavored products
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will ensure the sale of flavored vapor products remains
prohibited, regardless of approval by the United States Food and Drug
Administration.
SUMMARY OF PROVISIONS:
Section one repeals subdivision 4 of section 1399-mm-1 of the public
health law.
Section two establishes the effective date.
JUSTIFICATION:
In the 2020 New York State budget, language was included to prohibit the
sale of flavored electronic cigarettes and other flavored vapor
products. These products, which have been successfully marketed to young
people, are manufactured in a variety of kid-friendly flavors that mimic
candy and desserts. A 2016 report by the U.S. Surgeon General confirmed
that the majority of youth who have tried e-cigarettes first used a
flavored product. In these surveys, youth noted flavoring as being one
of their biggest draws to electronic cigarettes. Through colorful pack-
aging, sleek product design and a variety of enticing flavors, electron-
ic cigarette companies were able to hook a new generation of young
people on nicotine products.
While retailers are no longer able to sell flavored vapor products in
New York State, language was included that would allow for the sale of
products approved by the federal Food and Drug Administration. Many
electronic cigarette companies have already submitted applications to
the FDA for approval, despite overwhelming evidence that flavored nico-
tine products hook young people. This legislation will safeguard New
York State's strong laws that protect young people from the dangers of
electronic cigarettes by removing the FDA exemption from the state's ban
on the sale of flavored electronic cigarettes and other flavored vapor
products.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.6342 - Referred to Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
273
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to repeal subdivision 4 of section 1399-mm-l of the public health
law, relating to exempting certain vapor products dealers from the
prohibition of selling flavored products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 1399-mm-l of the public health law
2 is REPEALED.
3 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01391-01-3
