NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8688
TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting the sale and distribution of flavored e-liquid for use in
This bill prohibits the sale and distribution of flavored "e-liquids"
for use in electronic cigarettes and electronic cigarettes containing
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section
Section two sets forth the effective date.
While conventional cigarette use has declined, electronic cigarette use
is on the rise; especially among adolescents and young adults. Accord-
ing to a 2016 report by the U.S. Surgeon General, young adult users of
e-cigarettes (ages 18 through 24) are much more likely to use flavored
e-cigarettes than are users over the age of 25. The Surgeon General also
reported 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 try electronic cigarettes, in addi-
tion to curiosity and a perceived lower risk than using traditional
Electronic cigarette companies use colorful packaging and enticing
flavors to lure young people when they are at the most common age to
begin smoking. According to a 2014 report from the Surgeon General, nine
out of ten smokers began before the age of 18, and studies show the
likelihood of their starting to smoke decreases as they enter their
twenties. Tobacco companies have long been using creative tactics to
draw in adolescents and young adults to begin smoking and are now using
flavoring to entice young people to begin using e-cigarettes. This bill
would eliminate the temptation for young people in New York State to try
flavored electronic cigarettes and in turn reduce the number of people
who become regular users of tobacco products.
None to the State.
This bill shall take effect immediately.
STATE OF NEW YORK
2017-2018 Regular Sessions
September 25, 2017
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
3 § 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes
4 of this section, the following terms shall have the following meanings:
5 (a) "flavored e-liquid" shall mean a liquid composed of nicotine and
6 other chemicals, and which is sold as a product that may be used in an
7 electronic cigarette which contains a natural or artificial constituent
8 or additive that causes such e-liquid or its smoke to have a character-
9 izing flavor.
10 (b) "characterizing flavor" shall mean a distinguishable taste or
11 aroma, including but not limited to any fruit, chocolate, vanilla,
12 honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavor-
13 ing, but shall not include tobacco or menthol.
14 2. No person shall sell, offer for sale or distribute in this state
15 any flavored e-liquid or e-cigarette containing flavored e-liquid. No
16 other provision of law authorizing the sale of tobacco products shall
17 authorize the sale of flavored e-liquid.
18 3. Any person other than a manufacturer who violates the provisions of
19 this section shall be subject to a fine of not more than one hundred
20 dollars for each individual package of flavored e-liquid product sold or
21 offered for sale. A manufacturer may be subject to a civil penalty not
22 to exceed fifty thousand dollars for each brand or style of such
23 manufacturer's tobacco products that is found to have been sold or
24 offered for sale in violation of this section on more than one occasion
25 during any thirty day period, provided, however, that with respect to a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8688 2
1 manufacturer, it shall be an affirmative defense to a finding of
2 violation pursuant to this section that such sale or offer of sale, as
3 applicable, occurred without the knowledge, consent, authorization and
4 involvement, direct or indirect, of such manufacturer. Violations of
5 this section shall be enforced pursuant to section thirteen hundred
6 ninety-nine-ff of this article, except that any person may submit a
7 complaint to an enforcement officer that a violation of this section has
9 § 2. This act shall take effect immediately.