A bill to outlaw the sales of flavoured vaping products except tobacco has been passed by the New York State Assembly. It also bans the sale of vaping products online. The bill was included in the budget bill which is responsible for keeping the state of New York running. Governor Andrew Cuomo is required to sign the bill to make it law immediately. Only vapour products have been banned in the state and not flavoured cigars or menthol cigarettes

No Public Debate

One of the important things about the bill is that it has been passed without any public debate. Due to the current situation, the legislators met via video conference. However, it is crucial to note that there is a loophole in the online sales ban as it favours JUUL and tobacco products were included without an opportunity to discuss the matter with citizens. 

The law will include an exemption for those flavoured products that have been accepted for sale by the Federal Drug Authority through the PMTA (Premarket Tobacco Application) process. The products were included after tobacco companies and JUUL Labs lobbied to sell electronic cigarettes. The Federal Drug Authority has not approved any vaping products as of yet and it remains unknown if flavoured products would actually be approved. 

When Will The Flavour Ban Come Into Effect?

The flavour ban on juices like cosmic fog kryptonite ejuice is expected to come into effect 45 days after it has been signed by the governor. There are other parts to the law that will be effective by July 1st are mentioned below.

  • An ingredient list needs to be posted by manufacturers including detailed technical information about the vapour and e-liquid constituents. It does not apply to smoked tobacco products. 
  • Tobacco and vaping product coupons will be banned. 
  • Pharmacies can no longer sell any type of product that contains nicotine except cessation products that have been approved by the Federal Drug Authority.
  • The online sales of all types of vaping products would be banned.

What Happens When The Law Comes Into Effect?

As soon as the law comes into effect, over 10% of the residents would be prohibited from purchasing flavoured vaping products. The state of New York will be the fourth to ban the sale of flavours. Rhode Island, New Jersey, and Massachusetts are the other states that have already passed the necessary laws to ban the sale of flavoured vaping products. 

The New York legislature believes that now is the ideal time to place a ban on the sale of flavoured vapour. Thus, every vape shop across the state would have to be closed. Since New York is known for being the biggest black market for tobacco products, the legislature would only make the market bigger. Critics argue that the governor has proposed the law as he has failed to manage the coronavirus epidemic in the state.  


Many residents of New York have welcomed the law and are waiting for it to come into effect. Since Cuomo had previously temporarily banned the sale of flavoured vaping products, the present bill makes sense.