S T A T E O F N E W Y O R K
________________________________________________________________________
273
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale or distribution of electronic cigarettes without federal food and
drug administration premarket order of approval
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1399-cc-1 to read as follows:
§ 1399-CC-1. SALE OR DISTRIBUTION OF ELECTRONIC CIGARETTES LACKING
FEDERAL FOOD AND DRUG ADMINISTRATION PREMARKET ORDER OF APPROVAL PROHIB-
ITED. 1. THE SALE OR DISTRIBUTION BY AN ESTABLISHMENT OF AN ELECTRONIC
CIGARETTE IS PROHIBITED WHERE THE ELECTRONIC CIGARETTE:
(A) IS A NEW TOBACCO PRODUCT;
(B) REQUIRES PREMARKET REVIEW UNDER 21 U.S.C. § 387J, AS MAY BE
AMENDED FROM TIME TO TIME; AND
(C) DOES NOT HAVE A PREMARKET REVIEW ORDER UNDER 21 U.S.C. §
387J(C)(1)(A)(I), AS MAY BE AMENDED FROM TIME TO TIME.
2. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TEN THOU-
SAND DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY THE ATTORNEY
GENERAL OR BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
OR POLITICAL SUBDIVISION.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01276-01-5
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