S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5911
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Health
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-mm-1 of the public health law is REPEALED.
   §  2.  This act shall be known and may be cited as the "vapor products
 regulatory act of 2025".
   § 3. The public health law is amended by adding a new article 13-I  to
 read as follows:
 
                               ARTICLE 13-I
                       VAPOR PRODUCTS REGULATORY ACT
 
 SECTION 1399-XX.  PURPOSE OF ARTICLE.
         1399-YY.  DEFINITIONS.
         1399-ZZ.  MANUFACTURING, LABELING, MARKETING, AND SAFETY
                     REQUIREMENTS.
         1399-AAA. PENALTIES AND SUSPENSION; ENFORCEMENT.
         1399-BBB. EXCEPTIONS.
   §  1399-XX.  PURPOSE  OF  ARTICLE.  THE  PURPOSE OF THIS ARTICLE IS TO
 PROTECT PUBLIC HEALTH AND SAFETY BY ENSURING THE SAFETY AND SECURITY  OF
 E-LIQUID  AND VAPOR PRODUCTS MANUFACTURED FOR SALE IN THIS STATE, ENSUR-
 ING THAT E-LIQUID AND VAPOR PRODUCTS MANUFACTURED OR SOLD IN THIS  STATE
 CONFORM  TO  APPROPRIATE  STANDARDS  RELATED TO LABELING, MARKETING, AND
 APPEARANCE, ENSURING THAT E-LIQUID AND VAPOR PRODUCTS  ARE  NOT  CONTAM-
 INATED  BY  THE  INCLUSION OF INGREDIENTS OR OTHER SUBSTANCES THAT MIGHT
 POSE UNREASONABLE THREATS TO PUBLIC HEALTH AND SAFETY, AND ENSURING THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06693-02-5
              

 A. 5911                             2
 
 E-LIQUID AND VAPOR PRODUCTS MANUFACTURED OR SOLD IN THIS STATE  ARE  NOT
 TARGETED TO APPEAL TO MINORS.
   § 1399-YY. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "ADULT-ONLY STORE" MEANS A RETAIL STORE OPERATED BY A RETAIL DEALER
 OR  VAPOR  PRODUCTS  DEALER  TO WHICH ADMISSION IS RESTRICTED TO PERSONS
 TWENTY-ONE YEARS OF AGE OR OLDER AND WHICH POSTS SIGNAGE ON THE ENTRANCE
 TO SUCH STORE WHICH STATES "MINORS UNDER  21  AND  UNACCOMPANIED  BY  AN
 ADULT ARE NOT ALLOWED ON THE PREMISES."
   2. "ADVERTISE" OR "ADVERTISING" MEANS THE PUBLICATION OR DISSEMINATION
 OF AN ADVERTISEMENT.
   3.  "ADVERTISEMENT"  INCLUDES  ANY WRITTEN OR VERBAL STATEMENT, ILLUS-
 TRATION, OR DEPICTION WHICH IS  CALCULATED  TO  INDUCE  SALES  OF  VAPOR
 PRODUCTS,  INCLUDING  ANY  WRITTEN, PRINTED, GRAPHIC, OR OTHER MATERIAL,
 BILLBOARD, SIGN, OR OTHER OUTDOOR DISPLAY, PUBLIC  TRANSIT  CARD,  OTHER
 PERIODICAL  LITERATURE,  PUBLICATION, OR IN A RADIO OR TELEVISION BROAD-
 CAST, OR IN ANY OTHER MEDIA; EXCEPT THAT SUCH TERM SHALL NOT INCLUDE:
   (A) ANY LABEL AFFIXED TO ANY E-LIQUID OR VAPOR PRODUCT, OR  ANY  INDI-
 VIDUAL  COVERING,  CARTON,  OR OTHER WRAPPER OF SUCH BOTTLE THAT CONSTI-
 TUTES A PART OF THE LABELING UNDER PROVISIONS OF THIS ARTICLE.
   (B) ANY EDITORIAL OR OTHER  READING  MATERIAL  IN  ANY  PERIODICAL  OR
 PUBLICATION OR NEWSPAPER FOR THE PUBLICATION OF WHICH NOW MONEY OR VALU-
 ABLE  CONSIDERATION  IS PAID OR PROMISED, DIRECTLY OR INDIRECTLY, BY ANY
 LICENSEE, AND WHICH IS NOT WRITTEN BY OR AT THE DIRECTION OF THE  LICEN-
 SEE.
   4.  "DISTRIBUTOR" MEANS A PERSON WHO HAS A PERMIT THAT AUTHORIZES SUCH
 PERSON TO:
   (A) DISTRIBUTE, SELL, BARTER, OR EXCHANGE E-LIQUID OR  VAPOR  PRODUCTS
 IN THIS STATE FOR THE PURPOSE OF RESALE; OR
   (B)  PURCHASE  E-LIQUID OR VAPOR PRODUCTS DIRECTLY FROM A MANUFACTURER
 OR DISTRIBUTOR FOR THE PURPOSE OF RESALE IN THIS STATE.
   5. "E-LIQUID" MEANS A SOLUTION THAT: (A)  CONTAINS  PROPYLENE  GLYCOL,
 VEGETABLE  GLYCERIN, NICOTINE, NICOTINE SALTS AND/OR FLAVORINGS; AND (B)
 IS INTENDED TO BE USED IN A VAPOR PRODUCT. PROVIDED, HOWEVER, THAT E-LI-
 QUID DOES NOT INCLUDE CANNABIS, THC, CBD, OR HEMP AS DEFINED  UNDER  THE
 LAWS OF THIS STATE.
   6.  "HEALTH-RELATED  STATEMENT" MEANS ANY STATEMENT RELATED TO HEALTH,
 INCLUDING STATEMENTS OF A CURATIVE OR THERAPEUTIC NATURE THAT, EXPRESSLY
 OR IMPLICITLY, SUGGEST A RELATIONSHIP BETWEEN THE CONSUMPTION  OF  E-LI-
 QUIDS OR VAPOR PRODUCTS AND HEALTH BENEFITS OR EFFECTS ON HEALTH.
   7.  "MANUFACTURER" MEANS A PERSON LOCATED INSIDE THIS STATE, INCLUDING
 ANY RE-PACKER AND/OR RE-LABELER, THAT IS ENGAGED IN MANUFACTURING  E-LI-
 QUIDS OR VAPOR PRODUCTS.
   8.  "MANUFACTURING"  MEANS  THE  PROCESS BY WHICH AN E-LIQUID OR VAPOR
 PRODUCT IS FABRICATED, ASSEMBLED, PACKAGED OR  LABELED,  AND  SEALED  IN
 FINAL PACKAGING INTENDED FOR CUSTOMER USE.
   9.  "MARKET"  OR  "MARKETING" MEANS ANY ACT OR PROCESS OF PROMOTING OR
 SELLING VAPOR PRODUCTS, INCLUDING, BUT NOT LIMITED  TO,  SPONSORSHIP  OF
 SPORTING  EVENTS,  POINT-OF-SALE ADVERTISING, AND PROMOTIONS OR PRODUCTS
 SPECIFICALLY DESIGNED TO APPEAL TO CERTAIN DEMOGRAPHICS.
   10. "MINOR" MEANS AN INDIVIDUAL WHO IS LESS THAN TWENTY-ONE  YEARS  OF
 AGE.
   11. "PACKAGING" MEANS ANY RECEPTACLE THAT CONTAINS A FINISHED E-LIQUID
 OR A VAPOR PRODUCT.
   12.  "RETAILER" MEANS A PERSON, OTHER THAN A MANUFACTURER OR DISTRIBU-
 TOR, WHO IN THE ORDINARY COURSE OF THE PERSON'S REGULAR TRADE  OR  BUSI-
 NESS:
 A. 5911                             3
 
   (A) ACQUIRES ANY FORM OF E-LIQUID OR VAPOR PRODUCTS FOR THE PURPOSE OF
 RESALE TO AN END CONSUMER; AND
   (B)  SELLS  AN E-LIQUID OR A VAPOR PRODUCT TO ANOTHER PERSON FOR MONEY
 OR OTHER CONSIDERATION.
   13. "SALE" OR "SELL" MEANS TO EXCHANGE OR OTHERWISE FURNISH ANY  E-LI-
 QUID OR VAPOR PRODUCT TO ANY INDIVIDUAL OF LEGAL AGE FOR MONETARY VALUE.
   14.  "SOCIAL  MEDIA" OR "SOCIAL MEDIA PLATFORM" MEANS AN ONLINE FORUM,
 WEBSITE OR APPLICATION THAT SATISFIES EACH OF THE FOLLOWING CRITERIA:
   (A) ALLOWS USERS TO UPLOAD CONTENT OR VIEW THE CONTENT OR ACTIVITY  OF
 OTHER USERS;
   (B)  EMPLOYS ALGORITHMS THAT ANALYZE USER DATA OR INFORMATION ON USERS
 TO SELECT CONTENT FOR USERS; AND
   (C) HAS ANY OF THE FOLLOWING FEATURES:
   (I) INFINITE SCROLLING;
   (II) PUSH NOTIFICATIONS OR ALERTS SENT BY THE ONLINE  FORUM,  WEBSITE,
 OR  APPLICATION  TO  INFORM THE USER ABOUT SPECIFIC ACTIVITIES OR EVENTS
 RELATED TO THE USER'S ACCOUNT;
   (III) DISPLAYS PERSONAL INTERACTIVE METRICS THAT INDICATE  THE  NUMBER
 OF TIMES OTHER USERS HAVE CLICKED A BUTTON TO INDICATE THEIR REACTION TO
 CONTENT OR HAVE SHARED OR REPOSTED THE CONTENT;
   (IV)  AUTO-PLAYS  VIDEO OR VIDEOS BEGIN TO PLAY WITHOUT THE USER FIRST
 CLICKING ON THE VIDEO OR PLAY BUTTON TO VIEW SUCH VIDEO; OR
   (V) HAS LIVE-STREAMING FUNCTIONS THAT ALLOW USERS  OR  ADVERTISERS  TO
 BROADCAST LIVE VIDEO CONTENT IN REAL-TIME.
   15. "TAMPER-EVIDENT PACKAGE" MEANS A PACKAGE HAVING AT LEAST ONE INDI-
 CATOR  OR  BARRIER TO ENTRY THAT, IF BREACHED OR MISSING, CAN REASONABLY
 BE EXPECTED TO PROVIDE VISIBLE EVIDENCE TO CONSUMERS THAT TAMPERING  HAS
 OCCURRED.
   16.  "VAPOR PRODUCT" MEANS AN ELECTRONIC DEVICE THAT CONVERTS E-LIQUID
 TO A VAPOR INTENDED FOR INHALATION THAT MAY OR MAY NOT CONTAIN E-LIQUID.
   § 1399-ZZ. MANUFACTURING, LABELING,  MARKETING,  AND  SAFETY  REQUIRE-
 MENTS.   1. MANUFACTURERS, DISTRIBUTORS, AND RETAILERS SHALL COMPLY WITH
 THE FOLLOWING REQUIREMENTS:
   (A) E-LIQUID BOTTLES MUST USE A CHILD PROOF CAP  THAT  HAS  THE  CHILD
 RESISTANT EFFECTIVENESS SET FORTH IN THE FEDERAL POISON PREVENTION PACK-
 AGING STANDARDS, 16 CFR 1700.15(B)(1), AS AMENDED FROM TIME TO TIME.
   (B)  E-LIQUID BOTTLES OR VAPOR PRODUCTS THAT CONTAIN E-LIQUID MUST USE
 A TAMPER-EVIDENT PACKAGE. SUCH TAMPER-EVIDENT PACKAGE SHALL BE  DESIGNED
 TO REMAIN INTACT WHEN HANDLED IN A REASONABLE MANNER DURING THE MANUFAC-
 TURE, DISTRIBUTION, AND RETAIL DISPLAY OF THE E-LIQUID BOTTLE.
   (C)  LABELS  ON  E-LIQUID BOTTLES MUST MEET THE NICOTINE ADDICTIVENESS
 WARNING STATEMENT REQUIREMENTS SET FORTH IN 21 CFR  1143.3,  AS  AMENDED
 FROM TIME TO TIME.
   (D)  PACKAGES  CONTAINING  AN  E-LIQUID  BOTTLE  OR VAPOR PRODUCT MUST
 CONTAIN THE NAME OF THE MANUFACTURER OR DISTRIBUTOR AND SHALL  HAVE  THE
 ADDRESS OF SUCH MANUFACTURER OR DISTRIBUTOR FIRMLY AFFIXED TO OR PRINTED
 ON  THE  PACKAGE  FOR TRACKING PURPOSES. A SCANNABLE BAR CODE OR QR CODE
 LOCATED ON THE PACKAGE MAY MEET THIS REQUIREMENT.
   2. A MANUFACTURER, DISTRIBUTOR, OR  RETAILER  OF  E-LIQUIDS  OR  VAPOR
 PRODUCTS  SHALL NOT SELL OR OFFER FOR SALE ANY E-LIQUID OR VAPOR PRODUCT
 THAT:
   (A) USES IN THE LABELING OR PACKAGING OF THE PRODUCT OR IN ITS MARKET-
 ING MATERIALS:
   (I) THE TERMS "CANDY", "CANDIES", OR VARIANTS IN SPELLING, EXCEPT  FOR
 USE  IN  THE NAME OF A LICENSEE, INCLUDING THE LICENSEE'S DOING BUSINESS
 AS NAME;
 A. 5911                             4

   (II) THE TERMS "BUBBLE GUM",  "COTTON  CANDY",  "GUMMY  BEAR",  "GUMMY
 WORM",  "LOLLIPOP",  OR  VARIATIONS OF SUCH TERMS, EXCEPT FOR USE IN THE
 NAME OF A LICENSEE, INCLUDING THE LICENSEE'S DOING BUSINESS AS NAME;
   (III)  ANY  OTHER  TERMS OR PHRASES WHICH THE DEPARTMENT HAS, BY REGU-
 LATION, DETERMINED HAS A DISPROPORTIONATE  APPEAL  TO  MINORS,  PROVIDED
 THAT  SUCH REGULATION SHALL NOT APPLY TO: (1) TERMS RELATING TO THE NAME
 OF A TYPE OF FRUIT; (2) THE TERM "MINT" OR TERMS THAT RELATE TO  A  TYPE
 OF  MINT;  (3) THE TERMS "MENTHOL" OR "ICE"; OR (4) TERMS CONTAINING THE
 WORD "TOBACCO";
   (B) USES, IN THE LABELING OR DESIGN OF THE PRODUCT OR  ITS  PACKAGING,
 OR  IN  ITS  MARKETING  MATERIALS,  IMAGES OF OR REFERENCES TO CARTOONS,
 CARTOON CHARACTERS, SUPERHEROES,  TELEVISION  SHOWS,  VIDEO  GAMES,  AND
 MOVIES, OR OTHER SIMILAR CHARACTERS OR REFERENCES, THAT HAVE BEEN PRIMA-
 RILY USED TO MARKET PRODUCTS TO MINORS;
   (C)  USES, IN THE LABELING OR DESIGN OF THE PRODUCT, OR ITS PACKAGING,
 OR IN ITS MARKETING MATERIALS, TRADE DRESS, TRADEMARKS, OR OTHER RELATED
 IMAGERY THAT IMITATE OR REPLICATE  TRADE  DRESS,  TRADEMARKS,  OR  OTHER
 IMAGERY  OF FOOD BRANDS OR PRODUCTS THAT HAVE BEEN PRIMARILY MARKETED TO
 MINORS, INCLUDING BUT NOT LIMITED TO: BRANDS OF BREAKFAST CEREALS, COOK-
 IES, JUICE DRINKS, SOFT DRINKS, ICE CREAMS, AND FROZEN POPS; OR
   (D) USES, IN THE LABELING OR DESIGN OF THE PRODUCT OR  ITS  PACKAGING,
 OR  IN  SUCH  PRODUCTS  MARKETING MATERIALS, TRADE DRESS, TRADEMARKS, OR
 OTHER RELATED IMAGERY THAT IMITATE OR REPLICATE TRADE DRESS, TRADEMARKS,
 OR OTHER IMAGERY OF SCHOOL SUPPLIES.
   3. A MANUFACTURER, DISTRIBUTOR  OR  RETAILER  OF  E-LIQUIDS  OR  VAPOR
 PRODUCTS  SHALL  NOT ADVERTISE OR MARKET ANY VAPOR PRODUCT EXCEPT IN THE
 FOLLOWING MANNER:
   (A) ADVERTISEMENTS MAY NOT BE  MATERIALLY  FALSE  OR  UNTRUE  AND  ANY
 STATEMENT  CONTAINED  THEREIN  MUST BE CONSISTENT WITH THE E-LIQUID'S OR
 VAPOR PRODUCT'S LABELING;
   (B) ADVERTISEMENTS MAY NOT CONTAIN ANY HEALTH OR THERAPEUTIC CLAIMS;
   (C) ADVERTISEMENTS ON BILLBOARD SIGNS MUST NOT BE WITHIN ONE  THOUSAND
 FEET OF A PRIMARY OR SECONDARY SCHOOL, PLAYGROUND, OR YOUTH CENTER;
   (D) ADVERTISEMENTS FOR E-LIQUIDS OR VAPOR PRODUCTS SHALL BE PROHIBITED
 ON  SOCIAL  MEDIA AS DEFINED IN THIS ARTICLE UNLESS THE RECIPIENT OF THE
 CONTENT HAS BEEN AGE VERIFIED BY A VERIFIED AGE GATING PROCESS.
   § 1399-AAA. PENALTIES AND SUSPENSION; ENFORCEMENT. 1.  THE  DEPARTMENT
 MAY  ASSESS  A  CIVIL  PENALTY  AGAINST  A MANUFACTURER, DISTRIBUTOR, OR
 RETAILER FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED FIVE
 THOUSAND DOLLARS. A CIVIL PENALTY MAY BE ASSESSED IN ADDITION  TO  OTHER
 PENALTIES AUTHORIZED PURSUANT TO THIS ARTICLE.
   2.  THE  ATTORNEY  GENERAL  IS  AUTHORIZED  TO INVESTIGATE AND ENFORCE
 VIOLATIONS OF SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED NINETY-NINE-ZZ
 OF THIS ARTICLE. UPON DETERMINING THAT A MANUFACTURER,  DISTRIBUTOR,  OR
 RETAILER  HAS  VIOLATED  ANY PROVISION OF SUCH SUBDIVISION, THE ATTORNEY
 GENERAL MAY BRING A CIVIL ACTION IN ANY COURT OF COMPETENT  JURISDICTION
 TO:  (A) SEEK INJUNCTIVE RELIEF RESTRAINING OR ENJOINING ANY MANUFACTUR-
 ER, DISTRIBUTOR, OR RETAILER FROM CONTINUING  TO  ENGAGE  IN  ACTIVITIES
 THAT  VIOLATE SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED NINETY-NINE-ZZ
 OF THIS ARTICLE; (B) RECOVER CIVIL  PENALTIES  OF  UP  TO  TEN  THOUSAND
 DOLLARS  PER  VIOLATION; OR (C) OBTAIN APPROPRIATE RELIEF TO PROTECT THE
 PUBLIC INTEREST.
   3. CIVIL PENALTIES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED  IN
 THE VAPOR PRODUCTS COMPLIANCE FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-NINE-SS OF THE STATE FINANCE LAW.
 A. 5911                             5
 
   § 1399-BBB. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY
 TO  ANY  VAPOR  PRODUCTS  DEALER,  OR  ANY  AGENT OR EMPLOYEE OF A VAPOR
 PRODUCTS DEALER, WHO SELLS OR OFFERS FOR SALE,  OR  WHO  POSSESSES  WITH
 INTENT TO SELL OR OFFER FOR SALE, ANY FLAVORED VAPOR PRODUCT INTENDED OR
 REASONABLY EXPECTED TO BE USED WITH OR FOR CONSUMPTION OF NICOTINE IN AN
 ADULT-ONLY STORE.
   § 4. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  VAPOR  PRODUCTS  COMPLIANCE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE "VAPOR PRODUCTS COMPLI-
 ANCE FUND".
   2. SUCH FUND SHALL CONSIST OF REVENUES RECEIVED BY THE STATE  PURSUANT
 TO SECTION THIRTEEN HUNDRED NINETY-NINE-AAA OF THE PUBLIC HEALTH LAW AND
 ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  ALL MONEYS OF THE VAPOR PRODUCTS COMPLIANCE FUND, FOLLOWING APPRO-
 PRIATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE FOR THE PURPOSES OF
 ENFORCEMENT OF THE PROVISIONS OF ARTICLE THIRTEEN-I OF THE PUBLIC HEALTH
 LAW.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.