Gov. Cuomo announces emergency executive action to ban the sale of flavored e-cigarettes

Governor Andrew M. Cuomo today announced an emergency executive action to ban the sale of flavored electronic cigarettes in New York State - the latest in a series of actions to combat the increasing number of youth using vape products, largely driven by e-cigarette companies marketing flavors that are intended to get children addicted to nicotine. DOH Commissioner Dr. Howard Zucker will hold an emergency meeting with the Public Health and Health Planning Council, or PHHPC, this week to ban flavored e-cigarettes. The Governor directed State Police and DOH to immediately partner to ramp up enforcement efforts against retailers who sell to underage youth, with the possibility of criminal penalties. Finally, the Governor announced he will advance legislation to ban deceptive marketing of e-cigarettes to teens and children. 

American Lung Association Calls Governor Cuomo’s Action Insufficient to Address Youth E-Cigarette Epidemic

New York, NY (September 15, 2019)  - New York Governor Andrew Cuomo today announced emergency action to suspend the sales of fruit and candy flavored e-cigarettes in New York. Unfortunately, the action did not apply to menthol flavored e-cigarettes, which with mint flavored e-cigarettes are favored by a majority of high school students.  The need for comprehensive action is even more urgent in light of continuing reports of severe lung illnesses and deaths linked to e-cigarette use.

“The Lung Association opposes today’s announcement by Governor Cuomo regarding flavored e-cigarettes in New York,” said Harold Wimmer, President and CEO of the American Lung Association. “The Governor had the opportunity to take decisive action, but instead left menthol e-cigarettes on the marketplace. While today’s announcement was well-intentioned, it will drive our youth to use menthol flavored products in even greater numbers.  We will continue to work towards the permanent removal of all flavored tobacco including e-cigarettes from the marketplace.  Flavors have been shown to initiate kids to tobacco use and a lifetime of addiction and tobacco-related death and disease. We call on the New York State Legislature to pass legislation to prohibit the sale of all flavored tobacco products including e-cigarettes, cigars, and menthol cigarettes."

The youth e-cigarette epidemic is nothing short of a public health emergency that must be urgently confronted. In new preliminary data from the National Tobacco Youth Survey, e-cigarette use soared by another 32 percent among high school students from 2018-2019 showing that 27.5 percent of high school users have used e-cigarettes in the last month.  63.9 percent of these users report using mint or menthol flavors in the last month.