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Flavored E-Cigarettes, Other Vaping Products Banned In New York

flavored tobacco ban, vaping public health advisory

New York Gov. Andrew Cuomo’s Public Health and Health Planning Council (PHHPC) adopted an emergency order banning the sale of flavored e-cigarettes and other vaping products in New York state, except for menthol and tobacco flavors.

The executive order is “effective immediately,” but Cuomo said his health department “will provide retailers with an approximate two-week grace period before conducting visits to enforce the flavoring ban beginning on Friday, Oct. 4.”

After three hours of comments—mostly from vape shop owners—the council voted to impose the ban, with two negative votes. The New York Association of Convenience Stores said it did not have a representative speak during the comment period, but did submit a letter requesting a 60-day grace period enabling retailers to sell down any inventory still on hand as of the effective date. This request was denied.

Fruit, chocolate, mint, wintergreen, herb, spice and all other e-cigarettes flavors besides tobacco and menthol are outlawed under the executive order.

The emergency order will be in effect for 90 days, although the PHHPC could extend it. Or, the state health department could adopt permanent regulations incorporating the ban.


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