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New York LAWS & TAXES
- The sale of tobacco products & liquid nicotine to people under the age of 21 years old prohibited.1
- New York’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.2 Effective July 1, 2020:
- A person other than a common or contract carrier can still transport vapor products, but there is now a limit of 500 milliliters or 3 grams of nicotine.4
- Coupons or “price reduction instruments” for tobacco products are banned.4
- Vapor manufacturers must post a detailed ingredient list including a disclosure of “the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health of such product or its ingredients.” 6. Manufacturers are also required to list “each byproduct that may be introduced into vapor produced during the normal use of such e-cigarette.” NOTE: This requirement does not apply to any other tobacco product.4
- Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City).4
Tobacco/Vapor Sales Bans: Effective July 1, 2020: Pharmacies are no longer allowed to sell any tobacco or nicotine product that isn’t an approved smoking cessation therapy.
Online sales of e-liquids are banned (vapor products are folded into the same provision that bans shipment of cigarettes to consumers). This does not include components or devices. The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. New York state law already prohibits sales to persons under the age of 21 years old.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
New York City Mayor, Bill de Blasio, officially signed into law a ban on the sale of all flavored vapor products. The ban goes into effect on July 1, 2020, and includes flavored e-liquids in wintergreen, mint and menthol flavors. The city of Yonkers and Nassau County also prohibit the sale of all flavored vaping products, except those that are tobacco, mint or menthol flavored.
Effective May 18, 2020: Sales of vapor products in flavors other than tobacco are prohibited statewide. The prohibition does not apply to any flavored product that has received a premarket approval order (PMTA) from the Food and Drug Administration (this provision does NOT defer to the federal standard allowing manufacturers to market products for one year following FDA’s acceptance of their PMTA application).4
- Smoke-free tobacco products are subject to a state excise tax of 75% of the wholesale price. The tax on Snuff per ounce is $2.00.3
- There is a 20% supplemental sales tax applied to retail sales of vapor products in the state.
Updated August 2021