New York State Issues Emergency Order Banning Flavored E-Cigarettes

On September 15, New York Governor Andrew Cuomo announced an “emergency executive order” banning the sale of flavored e-cigarettes. According to the governor’s office, the order is intended to eliminate deceptive e-cigarette marketing targeting underage users before related legislation is introduced, and to raise the legal age to purchase e-cigarettes from 18 to 21.

A statement from the governor’s office said, “Manufacturers of fruit- and candy-flavored e-cigarettes are intentionally and recklessly targeting young people, and today we are taking action to stop it. At the same time, we are stepping up enforcement against rogue stores that knowingly sell vaping products to underage youth—they will be caught and prosecuted.”

According to the statement, New York State Police will work with the Department of Health to conduct investigations under the “Prevention of Underage Tobacco Use Act.” Under the executive order, retailers found selling tobacco and e-cigarette products to minors will face criminal penalties in addition to civil penalties. Cuomo also said the new executive order would take effect within two weeks and would crack down on businesses selling e-cigarettes to minors.

On the 11th of this month, the U.S. Department of Health and Human Services announced that the Food and Drug Administration would issue regulations in the coming weeks to ban the sale of non-tobacco-flavored e-cigarette products in order to curb the rise in youth vaping.

In recent years, e-cigarette use among U.S. teenagers has reached what officials describe as an “epidemic level.” Statistics show that in 2018, more than 3.6 million middle and high school students in the United States used e-cigarettes, an increase of 1.5 million from 2017. To attract younger consumers, many e-cigarette products are offered in a wide range of flavors such as fruit, chocolate, and cream.

U.S. health authorities have repeatedly warned about the potential health risks associated with e-cigarettes. According to reports, health officials are currently investigating more than 450 cases of severe lung illness linked to e-cigarette use. On August 7, the FDA said it had received 127 reports of seizures occurring after e-cigarette use and was investigating whether e-cigarettes were the direct cause.

In June this year, San Francisco, California became the first U.S. city to ban the sale of e-cigarettes. On September 4, the state of Michigan also announced that it would ban the sale of flavored e-cigarettes statewide.