BILL NUMBER: S4913
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public health law, in relation to regulating vapor
products; to amend the state finance law, in relation to establishing
the vapor products compliance fund; and to repeal certain provisions of
the public health law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the labeling, marketing and safety requirements of vapor
products.
 
SUMMARY OF PROVISIONS:
Section 1: Repeals Section 1399-mm-l of the public health law.
Section 2: Titles the act as the "Vapor Products Regulatory Act of
2025".
Section 3: Amends the public health law by adding a new article 13-I.
Section 4. Amends the state finance law by adding a new section 99-ss.
Section 5. Sets the effective date.
 
JUSTIFICATION:
In 2018, the National Academies of Sciences Engineering and Medicine
found that e-cigarettes are safer than smoking cigarettes. Specif-
ically, NASEM has stated:
"There is conclusive evidence that completely substituting e-cigarettes
for combustible tobacco cigarettes reduces users' exposure to numerous
toxicants and carcinogens present in combustible tobacco cigarettes."
"There is substantial evidence that completely switching from regular
use of combustible tobacco cigarettes to e-cigarettes results in reduced
short-term adverse health outcomes in several organ systems."
"The evidence about harm reduction suggests that across a range of
studies and outcomes, e-cigarettes pose less risk to an individual than
combustible tobacco cigarettes." In 2022, Cochrane, an organization
funded by governments and health departments each year conducts a
systematic review and evaluation of all peer-reviewed e-cigarette
published research, and this year announced:
"A Cochrane review has found the strongest evidence yet that e-cigar-
ettes, also known as 'vapes', help people to quit smoking better than
traditional nicotine replacement therapies, such as patches and chewing
gums."
"There is high certainty evidence that nicotine e-cigarettes are more
effective than traditional nicotine-replacement therapy (NRT) in helping
people quit smoking."
"Evidence shows that nicotine e-cigarettes carry only a small fraction
of the risk of smoking."
In a landmark analytical essay published in the American Journal of
Public Health on August 19, 2021, 15 past presidents of the staunchly
anti-tobacco Society for Research on Nicotine and Tobacco, the leading
tobacco and nicotine academic society in the world, warned that, "To
date, the singular focus of US policies on decreasing youth vaping may
well have reduced vaping's potential contribution to reducing adult
smoking." These leading tobacco-control scientists explained that "Many,
including this article's authors, believe that vaping can benefit public
health, given substantial evidence supporting the potential of vaping to
reduce smoking's toll." They also explained that "The need to pay atten-
tion to adult smokers is particularly important from a social justice
perspective. African Americans suffer disproportionately from smoking-
related deaths, a disparity that, a new clinical trial shows, vaping
could reduce. Today's smokers come disproportionately from lower educa-
tion and income groups, the LGBTQ (lesbian, gay, bisexual, transgender,
and queer or questioning) community, and populations suffering from
mental health conditions and from other drug addictions. Smoking
accounts for a significant proportion of the large life expectancy
difference between affluent and poorer Americans."
To correct unbalanced e-cigarette policies these leading tobacco-control
scientists made three specific recommendations:
1. "Because both youth and adult smokers find e-cigarette flavors
attractive banning all (or most) flavors risks reducing smokers' use of
e-cigarettes to quit smoking at the same time that it reduces youth
vaping. An alternative would be to limit the retail sale of flavored
e-cigarettes to adult-only outlets such as vape shops."
2. "Taxes should be proportionate to risk. By raising the price of e-ci-
garettes, a modest tax will discourage their use by price-sensitive
youths."
3. "Strictly regulate e-cigarette advertising and marketing, prohibiting
all marketing directed at, or attractive to, youths and young adults."
The State of New York already has raised the age to purchase tobacco and
vaping products to 21 and has imposed taxes on vaping products at one of
the highest rates in the country. However, the state's ban on all
flavored vaping products has become unworkable and hinders the ability
of adults to obtain legal access to flavored vaping products. In New
York in 2023 alone, 71% of all youth tobacco sales violations have
involved illegal sales of combustible products while only 29% have
involved e-cigarettes. 87% of all youth tobacco sales (including e-ci-
garette) violations have occurred in non-age restricted stores, and 64%
of e-cigarette only youth sales violations have occurred in non-age
restricted stores.
Research funded by government entities has found that "use of fruit and
other sweet flavored e-liquids is positively related to smokers' transi-
tion away from cigarettes." Nicotine rob Res. 2021 Sep; 23(9):
1490-1497, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8500174/.
Researchers at Yale University found that "adults who began vaping
nontobacco-flavored e-cigarettes were more likely to quit smoking than
those who vaped tobacco flavors." Friedman AS, Xu S. Associations of
Flavored e-Cigarette Uptake With Subsequent Smoking Initiation and
Cessation. JAMA Netw Open. 2020;3(6):e203826,
doi:10.1001/jamanetworkopen.2020.3826.
In the United Kingdom, the government has authorized the sale of nearly
1 million flavored e-cigarettes and, just recently announced its "Swap
to Stop" program through which the government in its effort to eliminate
cigarette smoking will be handing out vouchers to adult smokers to
purchase one million vaping starter kits free of charge.
This bill intends to adopt the balanced policies recommended by leading
tobacco-control scientists as set forth in the American Journal of
Public Health to eliminate marketing to youth, restrict advertising to
youth, eliminate third-party sales to youth, and provide the safest
channels for adults to access and purchase flavored vaping products.
 
PRIOR LEGISLATIVE HISTORY:
2023-24 :
A10377: Referred to Health, No Same-As
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S4913: 1399-mm-1 public health law