NY State Senate Bill 2025-S4913

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2025	referred to health

2025-S4913 (ACTIVE) - Details

See Assembly Version of this Bill:: A5911
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Rpld §1399-mm-1, add Art 13-I §§1399-xx - 1399-bbb, Pub Health L; add §99-ss, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: A10377

2025-S4913 (ACTIVE) - Summary

Relates to the labeling, marketing and safety requirements of vapor products; prohibits labeling or marketing vapor products with certain terms, designs, or imagery; prohibits marketing such products to persons under 21; establishes penalties for violating such provisions

2025-S4913 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S4913 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4913
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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

 S. 4913                             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:
 S. 4913                             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;
 S. 4913                             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.
 S. 4913                             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.

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Senate Bill S4913

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2025-S4913 (ACTIVE) - Details

2025-S4913 (ACTIVE) - Summary

2025-S4913 (ACTIVE) - Sponsor Memo

2025-S4913 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4913

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Health Committee

2025-S4913 (ACTIVE) - Details

2025-S4913 (ACTIVE) - Summary

2025-S4913 (ACTIVE) - Sponsor Memo

2025-S4913 (ACTIVE) - Bill Text download pdf

Comments