Across New York state, we are witness to the same troubling reality: We are in the midst of a youth vaping epidemic.
This is because retailers and distributors are continuing to sell illegal vapes in our communities, paying no mind to the law as it stands.
These products are packaged in bright colors, sold in sweet flavors, are easy to conceal and use and are quite difficult to quit. What begins as curiosity quickly becomes full-blown nicotine addiction.
New York passed legislation to restrict flavored vapor products in 2020 with the hope of protecting public health. But the industry has changed quickly, and our enforcement tools aren’t working the way we hoped they might. Vape manufacturers and sellers are changing product formulas, using new, nicotine-like compounds to escape enforcement, and moving products through complicated supply chains, making it impossible to curb their proliferation.
There is no point in having a law if you can’t enforce it.
That’s why I, along with State Sen. Leroy Comrie, put forth legislation to strengthen New York’s vapor product laws: to give the state the tools it needs to stop illegal sales, to prevent these illicit products from reaching our communities, and to ensure that they are being taxed the way the law intends.
This is not a hypothetical concern. Last September, Gov. Kathy Hochul announced the largest criminal vaping enforcement action in New York state to date, resulting in more than a dozen arrests and nearly 40 criminal charges related to illegal distribution of vaping products throughout the state, with distribution networks on Long Island. State Attorney General Letitia James sued the manufacturers of 13 e-cigarette and vape companies last year for their role in fueling the youth vaping epidemic.
Additionally, in Nassau County, there were two charges filed against employees at a store in Baldwin in March for selling flavored vaping products, kratom and pepper spray.
What these cases illustrate is that illegal distribution of vaping products and sales of illegal vaping products are a real problem happening across the state, not an abstract issue.
Our bill focused on a simple principle: If a company wants to distribute vapor products in our state, it should be licensed and subject to real accountability.
Right now, enforcement happens at the retail level, the point of sale. That means the state is tasked with monitoring thousands upon thousands of individual sellers, many of whom are difficult to track. This approach is not effective at cutting down on illegal sales or ensuring proper taxation, nor is it manageable.
By creating a formal distributor-licensing system, New York could focus enforcement higher up the supply chain. Distributors would be required to register with the Department of Taxation and Finance, renew their licenses and comply with state law. They would be taxed wholesale. Those who violated the law could face escalating penalties, including suspension or revocation of their ability to operate.
The bill would also create protections against flavored nicotine analog products, so that companies could not simply tweak a formula and claim they were outside the law.
New York can’t afford to wait while another generation is targeted by flavored nicotine products. We need licensing. We need inspections. We need seizure authority. We need clear rules for distributors, and real consequences for those who violate the law.
This is not about punishing responsible businesses, but about creating fairness by stopping bad actors and making sure our laws actually work as they were intended to, all while protecting our children. This legislation would give New York the tools to do exactly that.
Michaelle C. Solages represents the 22nd Assembly District.
