BILL NUMBER:S7635

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting the sale of
electronic cigarettes

PURPOSE:
To prohibit the sale or offering for sale of electronic cigarettes.

SUMMARY OF PROVISIONS:
Section one amends Public Health Law § 1399-aa to define an electronic
cigarette as a battery operated device that contains cartridges filled
with a combination of nicotine, flavor and chemicals that are turned
into vapor which is inhaled by the user.

Section two adds a section § 1399-11-2 to prohibit the sale or
offering for sale any electronic cigarette.

Section three provides that the act shall take effect on the first of
January succeeding its enactment.

JUSTIFICATION:

Electronic cigarettes are products designed to deliver nicotine and
other substance to a use in the form of a vapor. They are typically
              

composed of a rechargeable, battery-operated heating element, a
replaceable cartridge that may contain nicotine or other chemicals,
and an atomizer that, when heated, converts the contents of the
cartridge into vapor.

In 2009, the federal Food and Drug Administration (FDA) issued a press
release warning individuals about the safety of electronic
cigarettes. Their laboratory analysis revealed that some electronic
cigarettes contain carcinogens and toxic chemicals such as diethylene
glycol, an ingredient used in antifreeze that is toxic to humans. In
February 2012, a 57 year old man reportedly suffered severe injuries
when an electronic cigarette exploded in his mouth.

The U.S. Court of Appeals for the D.C. Circuit in Sottera, Inc. v.
Food & Drug Administration, held that electronic cigarettes are not
drugs or devices unless they are marketed for therapeutic purposes.
Therefore, the cannot be regulated by the FDA as such. While the FDA
intends to propose a rule deeming products meeting the definition of
"tobacco products" to be subject to FDA regulation under the Family
Smoking Prevention and Tobacco Control Act, in the meantime these
devices remain completely unregulated. Due to the complete lack of
regulation and evaluation for safety, electronic cigarettes pose a
dangerous threat to the health and safety of New Yorkers. Therefore,
this bill would place a ban on the sale of such products.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of January next succeeding enactment.