What the e-cigarette ban means for New York State
The use of e-cigarettes (“vaping”) has been in the news recently, as a number of young people have experienced medical problems.
According to the Centers for Disease Control and Prevention, there has been a 78 percent increase in high school students using e-cigarettes from 2017 to 2018, and a nearly 50 percent increase among middle school students. The chance that your child is using e-cigarettes is high.
As of September 2019, 805 cases of illnesses linked to e-cigarette use have been reported. As these cases are being investigated, it is becoming clearer that the most severe injuries have been caused by the use of e-cigarettes to vape illegal substances, such as marijuana, containing a substance known as THC oil. This type of THC vaping liquid is unregulated and available on the black market, and is likely contaminated by dangerous chemicals.
Prior to these severe lung-related injuries being reported, legislation (Assembly Bill 558) to restrict the purchase of tobacco and e-cigarettes to adults over the age of 21 was passed by the Senate and Assembly and signed into law in July. The governor recently signed another bill (Assembly Bill 481-A) which amended the state’s tobacco use and prevention program to include electronic cigarettes and liquid nicotine. I supported these efforts because vaping products containing nicotine, flavored or not, are highly addictive.
Physicians have said that vapes containing nicotine are even more addictive than cigarettes because their concentrated liquid is metabolized more easily. Vaping two to three “pods” per week, flavored or not, equates to about forty to sixty cigarettes.
I disagree, however, with Gov. Cuomo’s recent executive order banning flavored e-cigarettes.
In my opinion, he should have allowed similar, existing legislation (Assembly Bill 47-A) to be taken up for consideration by the Legislature. The executive order undoes the legislation already considered and passed this session, and will essentially wipe out an entire industry. The ban was put into effect immediately on September 17. However, retailers have only a twoweek “grace period” to dispose of all flavored e-cigarette paraphernalia. After that point the Department of Health will oversee visits to enforce the ban, a violation of which could cost up to $2,000 per incident.
The fact of the matter is that we already know inhaling tobacco smoke causes lung disease, cancer and heart complications. What we do not yet know are the long-term effects of regulated e-cigarette products. Vaping has been shown to be a more effective way to quit smoking tobacco - more effective than patches, gums, lozenges or other “nicotinereplacement therapy.” Even Chantix has had issues with patients experiencing severe mood swings, depressive thoughts and suicidal ideation.
It is hard to believe that while the focus has shifted to vilifying the vaping industry, there are serious conversations being had about the legalization of marijuana – the exact component thought to be linked with the dramatic increase in illnesses developed from excessive vaping. Before completely destroying another New York state industry, I would prefer that the Legislature be granted the opportunity to take a slower and more deliberative approach, perhaps building upon the legislation already passed this session in Albany to ensure consumers are given the right to make educated decisions when it comes to their personal health.
In the meantime, if you or a loved one is attempting to quit smoking tobacco or vaping products, local organizations such as CAPTAIN Community Human Services and the Prevention Council offer a variety of programs and services for members of the community.
For more information, visit their website at www. captaincares.org (518) 3711185 or www.preventioncouncil.org (518) 581-1230. Assemblywoman Walsh represents the 112th Assembly District, which consists of parts of Saratoga and Schenectady counties. For more information, please visit Assemblywoman Walsh’s Official Website.