New York

               

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

The New York State Clean Indoor Air Act (2003) sets forth all smoking restrictions in the state, and although there are no statewide bans on electronic cigarette use, all smoke-free laws in New York City, Suffolk County, Albany, Cattaraugus County, Lynbrook, Tompkins County, and Westchester County also apply to electronic cigarettes. This means that their use is prohibited in offices, parks, restaurants, and bars. In New York City and Suffolk County, e-cigarettes are also banned in all other areas that smoking is banned. ‘No Smoking’ signage posted in these areas must be heeded.

There are a large number of e-cigarette stores to be found throughout New York, mainly in and around the New York City area, Long Island, Newburgh, Poughkeepsie, Kingston, Binghamton, Albany, Schenectady, Saratoga Springs, Queensbury, Syracuse, Utica, Rochester, and Buffalo with a number also to be found scattered throughout other areas of the state.

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All Laws & Regulations

Electronic cigarette (or e-cigarette) means “an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.” N.Y. Pub. Health Law § 1399-aa(13) (2017)

Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette.” N.Y. Pub. Health Law § 1399-cc(1)(e) (2017)

Liquid nicotine must be sold in a child resistant bottle: N.Y. Gen. Bus. Law § 399-gg(1) (2017)

Sale/distribution of e-cigarettes or liquid nicotine to persons under age 18 prohibited: N.Y. Pub. Health Law § 1399-cc(2) (2017)

Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and adult-only locations: N.Y. Pub. Health Law § 1399-cc(7) (2017)

Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 18, the products must not be accessible to the general public and must be visible to and under the direct control of person in charge: N.Y. Pub. Health Law § 1399-dd (2017)

E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property: N.Y. Comp. Codes R. & Regs. tit. 21, § 1151.9 (2017)

E-cigarette use restricted similar to smoking on Rochester-Genesee Regional Transportation Authority property: N.Y. Comp. Codes R. & Regs. tit. 21, § 4901.4(a)(10) (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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