Prohibits the storage of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale

• Democratic10
• Republican3

◆ The sponsor's argument

Why the sponsor says this is needed

In 2018, the U.S. Surgeon General declared youth e-cigarette use an epidemic. Flavored vapor products continue to pose a health risk to young people in particular and their use has been linked to increased risk of cardiovascular disease, negative impacts on adolescent brain development, and for many, the start of a lifelong battle with nicotine addiction. Big tobacco has tong used flavors to attract a new generation of custom- ers and pad their bottom tine. In 2020, New York State banned the sale of flavored e-cigarettes, recognizing the harm they cause to countless young people. According to the National Youth Tobacco Survey, in 2020 almost twenty percent of high school students used e-cigarettes; of those students, more than eight out of ten reported using flavored products. The language that was ultimately adopted as part of the state budget included an exemption for products approved by the federal Food and Drug Administration through the premarket tobacco application process. Over- whelming evidence shows that flavored e-cigarettes hook young people. This legislation would remove this potential loophole. In addition, enforcement has proven difficult for local health departments. Some retailers have begun to stock flavored products in back rooms, even selling to customers in violation of the law. In some instances, health officials have been unable to gain access to all areas of the store during an inspection. By hindering health departments ability to confirm compliance, bad actors have been able to continue to sell flavored products. New York State's campaign to stymie nicotine addiction in youths has also been hindered by Big Tobacco. As more states adopt laws similar to those passed by New York State, tobacco companies have crafted a way to circumvent these bans by adding ingredients to their products to create a "cooling" sensation that mimics menthol. In other states, manufactur- ers have switched to using additives that provide the same sensation, though without mint flavor. Despite not containing any flavor, the pack- aging has been designed to give consumers the same impression of a "refreshing" sensation that customers have learned to associated with menthol-flavored products. This legislation would strengthen the existing laws by explicitly safe- guarding New York State's strong laws that protect young people from the dangers of electronic cigarettes. Retailers would be prohibited from keeping flavored products in their inventory or otherwise distributing them and fines would be imposed for impeding an official's ability to conduct their inspection.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.