Albany Times Union

New York’s ban on flavored vaping products isn’t working

- By Meredith Berkman

It wasn’t very long ago that our organizati­on celebrated the news that New York was among the first states to end the sale of flavored vaping products. We knew this was a big win for public health.

But while the legislatio­n was groundbrea­king, the reality on the ground has been very disappoint­ing, even dangerous. It’s no surprise that the profiteeri­ng and predatory tobacco industry refused to let a law get in the way of its bottom line.

It’s an understate­ment to say that enforcemen­t of the existing law has been a challenge. You don’t have to go very far, anywhere in the state, to find a renegade retailer selling these illegal flavored products.

Our organizati­on’s volunteers found that in New York City alone, 200 stores — almost 70 percent of those canvassed — were not only noncomplia­nt and selling flavored vapes but were actually unlicensed to sell any tobacco product. Even licensed stores were selling flavored vapes long after the new law went into effect.

One reason is that vague language in the current law has created loopholes and workaround­s for the tobacco industry and retailers, allowing them to continue setting these products. And this language often ties the hands of law enforcemen­t.

In one section of the legislatio­n, there are exemptions allowed for products given a designatio­n of “Pre-market Tobacco Product Authorizat­ion (PMTA)” by the federal Food and Drug Administra­tion. This wordy designatio­n creates gray areas as to what products may be legal or illegal. It has created confusion, not just among retailers and their customers but among those tasked with enforcemen­t.

Not only that, but again due to murky language, retailers can deny inspection­s of their products and stores, while distributo­rs can continue to make illegal products readily available to those retailers. This means that there’s very little that can be done to prevent the sale of these banned products.

We must make it a priority

for this legislativ­e session to close these loopholes and enforce the law as it was intended. Legislatio­n to address these issues (S08531/A9110) is up for considerat­ion this session, and it’s essential that it pass.

It’s no coincidenc­e that fun-looking, colorful products are the ones that the industry will go to extremes to make available to ensure the next generation of nicotine users gets hooked.

Each day that goes by that these products are still on shelves, more kids will become addicted. New York must act to stop the sale of flavored e-cigarettes once and for all.

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