Parker Waichman LLP

02/14/2020 | News release | Distributed by Public on 02/14/2020 17:25

New York City Picks up Where the FDA Fell Short on Vaping

NEW YORK, New York - The City of New York will continue to ban flavored vaping products sold in disposable packages even though the latest federal measure specifically omits these types of products from the new regulatory scheme. Therefore, brands like Fogg, Puff Bar, and Stig, which are dramatically increasing in popularity across the country, cannot lawfully be sold in the Big Apple, according to the New York Post. However, disposable e-cigarette devices may be purchased in convenience stores and gas stations almost anywhere. The City law has a catch: it does not go into effect until July of 2020, meaning that retailers could lawfully sell disposable vape products until then.

The newest federal regulations to take hold regarding vaping products became effective on February 6, 2020. The regulations prohibit the sale of any fruit or candy-flavored vaping products that are what the FDA calls 'cartridge-based.' The FDA acknowledged that disposable vaping products are not 'cartridge-based' and, therefore, are not covered by the ban, despite how readily available they are to the vaping public, especially teenagers.

The law slated to take effect in NYC in July of 2020 contains broader, albeit vaguer, language which appears to encapsulate disposable e-cigarette devices. The new law in NYC will cover any flavored vaping product, other than menthol or tobacco, including cartridges, refills, or other vaping product components. Flavored disposable vaping pens and e-cigarettes appear to fall under the catch-all clause of the law. Experts want the FDA to expand its regulations to capture disposable e-cigarettes because they have seen purchasing trends of teens favor disposable devices and move away from rechargeable devices.

In the United States, 60 people have died, including four in the entire state of New York from vaping-related illnesses. Approximately 240 people in New York state have been hospitalized for vaping illness, which includes 40 people from New York City.