New York Passes Budget Bill with Comprehensive Tobacco Control Legislation

Advertising Restictions, E-Cigarettes, Flavors (including Menthol), Non-Tax Price Increases, Pharmacies, Price Promotions, Product Availability, Vape Shops

At the beginning of April, Governor Andrew Cuomo and the New York Assembly passed a state budget for fiscal year 2021 that included a comprehensive tobacco control bill. The new regulations:

  • prohibit the redemption of coupons and manufacturer discounts;
  • prohibit the sale of tobacco products, including e-cigarettes, at pharmacies, making New York the second state with a tobacco-free pharmacy law;
  • prohibit retailers in New York from selling e-cigarettes with ‘characterizing flavor’, unless these products have received pre-market approval from the Food and Drug Administration;
  • restrict the exterior display of tobacco and vape products and advertising near schools; and
  • raise retailer penalties for illegal sales to minors;

As well, the bill attempts to create more uniform regulation of e-cigarettes and vape products by restricting the delivery of e-liquid products to only state-licensed vapor retailers (effectively ending online sales), requiring manufacturers of vape products to disclose ingredients, and allowing certain carrier oils to be banned from products if deemed harmful. With exception of the flavored e-cigarette regulation, which goes into effect May 19, 2020, enforcement of all the above regulations will begin in July of this year. Learn more about the law’s provisions and its impacts from the Public Health and Tobacco Policy Center.

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