From VTA:
NEW YORK ALERT:
Flavored Vapor Ban Takes Effect Monday, May 18, 2020
The law’s definition of “flavored product” is broad and includes virtually any vapor product with any taste or aroma other than tobacco. Specifically, the law states:
Penalties: Any vapor products dealer, or any employee or agent of the dealer, who violates the law shall be subject to a civil penalty of not more than $100 for each individual package of flavored vapor product sold or offered for sale.
NEW YORK ALERT:
Flavored Vapor Ban Takes Effect Monday, May 18, 2020
BACKGROUND
Tomorrow, May 18, 2020, the New York flavor ban goes into effect. As we previously reported, the flavor ban was a part of the comprehensive
budget bill S. 7506, which was signed into law on April 3, 2020. Due to the COVID-19 crisis, typical budget negotiations were hampered among members leading to fast-track passage. Unfortunately, the new law includes language to ban flavored vapor products in New York. Here is brief summary of the key provisions of the new law taking effect tomorrow.
NEW LAW CHANGES EFFECTIVE MAY 18, 2020
The sale of all flavored vapor products, other than those with the taste or aroma of tobacco, are prohibited. The law’s definition of “flavored product” is broad and includes virtually any vapor product with any taste or aroma other than tobacco. Specifically, the law states:
- "Flavored" means “any vapor product intended or reasonably expected to be used with or for the consumption of nicotine, with a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of such product or a component part thereof, including but not limited to tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, or any concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor but may not relate to any particular known flavor.”
- Whether a product is flavored may also be presumed by authorities based on a retailer’s, distributor’s or manufacturer’s express or implied statement made to a consumer or the public that the product has a distinguishable taste or aroma, other than the taste or aroma of tobacco.
Penalties: Any vapor products dealer, or any employee or agent of the dealer, who violates the law shall be subject to a civil penalty of not more than $100 for each individual package of flavored vapor product sold or offered for sale.
- Manufacturers may defend themselves against such claim if the sale or offer for sale occurred without its “knowledge, consent, authorization, or involvement, direct or indirect.”
