BILL NUMBER: S435
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes that contain certain toxic metals and
requiring the department of health to study the long term health effects
of using electronic cigarettes
 
PURPOSE:
Prohibits the sale of electronic cigarettes that contain certain toxic
metals as determined by DOH and requires DOH to study the long-term
health effects of using electronic cigarettes.
 
SUMMARY OF PROVISIONS:
Section 1 requires the Department of Health to establish a list of
toxins that are prohibited from being used in the manufacturing of elec-
tronic cigarettes. Sales of electronic cigarettes that contain any of
those designated metals, including lead, manganese, nickel, chromium,
zinc or other toxic metals, including in the heating element, are
prohibited.
Section 2 authorizes the Department of Health to promulgate rules and
regulations establishing the list of prohibited toxic chemicals.
Section 3 requires the Department of Health to conduct a study on the
long-term health effects of using electronic cigarettes on users
 
JUSTIFICATION:
In 2019, hundreds of injuries, and several deaths, were attributed to
the use of electronic cigarettes and other vaping products in New York
State. E-cigarettes have only been in wide use for the past decade or
so, and there are still several unknowns about their safety. While
several studies have shown that the liquids used in e-cigarettes may
contain toxic chemicals, there has been less research into the potential
dangers of the hardware of electronic cigarettes.
A 2018 study from the Johns Hopkins Bloomberg School of Public Health
found that a significant number of electronic cigarettes tested gener-
ated vapors/aerosols that contained unsafe levels of chromium, manga-
nese, nickel, and lead. The authors of the study concluded that the
heating coils used to vaporize e-liquids in electronic cigarettes might
be leaking these toxic chemicals. Exposure to these toxic metals This
legislation will prohibit e-cigarette manufacturers from using toxic
metals, including lead, manganese, nickel, chromium, zinc, or other
toxic metals in their products. It will also require the Department of
Health to study the long-term effects of electronic cigarette use on
human health.
 
LEGISLATIVE HISTORY:
01/03/24 REFERRED TO HEALTH
01/18/23 REFERRED TO HEALTH
01/05/22 REFERRED TO HEALTH
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
The act is effective 180 days after it has been signed. The Department
may add, amend, and/or repeal any rule or regulation necessary to imple-
ment the act by its effective date immediately.