Dayton Daily News

New York moves to ban flavored e-cigarettes

- Jesse McKinley

Amid a surge of NEW YORK — vaping-related illnesses and deaths, Gov. Andrew Cuomo of New York announced Sunday that he would pursue emergency regulation­s this week to quickly ban the sale of flavored e-cigarettes.

The governor’s action comes days after President Donald Trump announced an effort to ban similar vaping products on a federal level. If New York does ban flavored e-cigarettes, it would become the second state to do so, following Michigan, which issued a prohibitio­n earlier this month.

Speaking from his office in midtown Manhattan, Cuomo described a growing “health crisis,” likening it to past illnesses related to traditiona­l tobacco products.

“Vaping is dangerous. Period,” the governor, a third-term Democrat, said, outlining a variety of potential health concerns associated with the practice, including encouragin­g nicotine addiction. “No one can say long-term use of vaping — where you’re inhaling steam and chemicals deep into your lungs — is healthy.”

Under the plan outlined by Cuomo Sunday, the state’s Public Health and Health Planning Council, a regulatory body, would be convened by the health commission­er, Howard Zucker. The council would then issue an emergency regulation to ban the sale of flavored e-cigarettes, rules that would be effective immediatel­y.

State and federal actions on flavored e-cigarettes come as health officials around the country continue to grapple with an outbreak of a severe lung disease linked to vaping. At least six deaths and hundreds of hospitaliz­ations have been reported. Many of the cases have involved vaping THC, the high-inducing chemical in marijuana.

Zucker said New York state had 64 cases of lung disease linked to vaping and that the numbers were continuing to grow. “We need to tackle this as fast as possible,” Zucker said, adding, “We don’t need to repeat history.”

Tobacco and menthol-flavored products would not be covered by the ban, the governor said, citing evidence that those menthol products could assist in helping people to stop smoking traditiona­l cigarettes.

The decision not to include menthol on the list of potentiall­y banned products drew a sharp rebuke from the American Lung Associatio­n, which said Cuomo had missed “the opportunit­y to take decisive action.”

“While today’s announceme­nt was well-intentione­d, it will drive our youth to use menthol-flavored products in even greater numbers,” said Harold Wimmer, the associatio­n’s president, calling on the state Legislatur­e to pursue a broader ban on all flavored tobacco products.

Austin Finan, a spokesman for Juul Labs, which dominates the e-cigarette market, said that the company was reviewing the governor’s announceme­nt but agreed “with the need for aggressive categorywi­de action on flavored products,” saying it had already stopped selling flavored pods in “traditiona­l retail stores.”

The company “will fully comply with local laws and the final FDA policy when effective,” Finan added.

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