Closing Loophole in Flavored Vape Ban

A proposal that would make it harder for retailers to get around New York State's ban on flavored nicotine vaping products was announced at the Westchester County Board of Legislators meeting on Monday night.

The proposal would mean that if flavored vape products are found in a store, they would be presumed to be for sale—unless the retailer can prove otherwise. While New York banned the sale of flavored vaping products in 2020 to protect young people, some stores have sidestepped this by claiming they're only “storing” the products to sell in other states.

Legislator Jewel Williams Johnson (D- Elmsford, Greenburgh, Tarrytown, White Plains), who is spearheading the proposed legislation, said, “This measure will address how flavored vapes are stored in retail establishments, setting clear conditions so owners must prove any claimed out-of-state internet sales and ensuring these products aren't sitting on-site as an open invitation to youth.’

She added, “Our message is simple: if you profit from nicotine, you must keep it away from children—period. This is intended to put public health first, cut through loopholes, and help safeguard the futures of Westchester's young people.”

Under the proposal, the Westchester County Department of Health would have stronger tools to enforce the state ban. Retailers could still prove the products are legitimately for out-of-state sales by showing they have the proper setup and follow all other laws.

The proposal has been sent to the Board's Committees on Legislation and Human Services for review.

Watch the full meeting HERE.