NY state bill banning ecigs

[Territoo]

NY State residents need to act on this ASAP:

A9529 - NY Senate Open Legislation - Rosenthal (MS) - Prohibits the sale of electronic cigarettes to minors and items not defined as a tobacco product or approved by the FDA as a tobacco use cessation or harm reduction - New York State Senate

A9529 Summary

Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.
Act: AN ACT to amend the public health law, in relation to prohibiting the sale of electronic cigarettes to minors and in relation to prohibiting the distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product

 

[DaMulta]

any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.



So are they going to ban food that contains nicotine? That wording does not cover food at all.

 

[CartHeadMod]

only if it is sold as a way to cease using tobacco or reduce the harm from using tobacco.....you could still market ecigarettes as a more enjoyable way to take in nicotine....

 

[Sun Vaporer]

only if it is sold as a way to cease using tobacco or reduce the harm from using tobacco.....you could still market ecigarettes as a more enjoyable way to take in nicotine....

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to ban the sale and
distribution of items containing or delivering nicotine that are not
currently classified as tobacco products or approved as tobacco use
cessation or harm reduction products by the U.S. Food and Drug Adminis-
tration (FDA) and also to prevent minors from purchasing these products.

 

[Our House]

Title doesn't say the bill only wants to ban the sale of ecigs to minors, but then stuff like this pops up:

15 3. Sale of tobacco products [or], herbal cigarettes, OR ELECTRONIC
16 CIGARETTES in such places, other than by a vending machine, shall be
17 made only to an individual who demonstrates, through (a) a valid driv-
18 er's license or non-driver's identification card issued by the commis-
19 sioner of motor vehicles, the federal government, any United States
20 territory, commonwealth or possession, the District of Columbia, a state
21 government within the United States or a provincial government of the
22 dominion of Canada, or (b) a valid passport issued by the United States
23 government or any other country, or (c) an identification card issued by
24 the armed forces of the United States, indicating that the individual is
25 at least eighteen years of age. Such identification need not be required
26 of any individual who reasonably appears to be at least twenty-five
27 years of age, provided, however, that such appearance shall not consti-
28 tute a defense in any proceeding alleging the sale of a tobacco product
29 [or], herbal cigarettes OR ELECTRONIC CIGARETTE to an individual under
30 eighteen years of age.

I don't get it. Is it for an outright ban on sales, or just a ban on sales to minors?

 

[Sun Vaporer]

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to ban the sale and
distribution of items containing or delivering nicotine that are not
currently classified as tobacco products or approved as tobacco use
cessation or harm reduction products by the U.S. Food and Drug Adminis-
tration (FDA) and also to prevent minors from purchasing these products.

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to ban the sale and
distribution of items containing or delivering nicotine that are not
currently classified as tobacco products or approved as tobacco use
cessation or harm reduction products by the U.S. Food and Drug Administration (FDA) and also to prevent minors from purchasing these products

 

[anim8r]

Guess New York would rather their residents smoke cigarettes.

Wow.

 

[SusanB]

Guess New York would rather their residents smoke cigarettes.

Wow.

as a matter of fact...ny does want us to smoke.....the do not want to loose their tax money....they dont make a tobacco tax on e-cigs.

so yes they do want us to smoke.

and this legislation is being kept under the radar....nothing we can do about it

 

[adz1966]

New York makes a lot more from smokers than from vapers

 

[yanks21]

Thanks, Territoo!

It seems to be that they are trying to ban e-cigs PERIOD.

I posted a comment which is currently "awaiting moderation" - it will be nice to see if it shows up.

Undoubtedly I could have and should have made a more eloquent comment but I guess since I know it's pointless I didn't put in much effort.

While I fully support banning the sale of "electronic cigarettes" to minors to completely ban the sale of electronic cigarettes in NYS is ludicrous. While still in their infancy electronic cigarettes are proving to be the most promising quit smoking device in history but perhaps that is the problem as NYS would be deprived of the billions in taxes paid by cigarette smokers in NYS. I have read story after story of people who smoked for 25-40 years who were able to quit smoking within hours, days or weeks after trying their "e-cigarette" for the first time, myself (a smoker for 23 years) included. This is a life saving device and to try to ban it is akin to a death sentence for the residents of NY. And politicians wonder while a large majority of the country is fed up with government. This bill is a DISGRACE and a slap in the face.

 

[Mister]

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to ban the sale and distribution of items containing or delivering nicotine that are not currently classified as tobacco products or approved as tobacco use cessation or harm reduction products by the U.S. Food and Drug Administration (FDA) and also to prevent minors from purchasing these products.

To me this seems like a sneaky way to totally ban e-cigs.

"not currently classified as tobacco products" - yup, that's e-cigs

"or approved as tobacco use cessation or harm reduction products" - yup again, two strikes and we're out, sigh

If this succeeds there's still another chance to save e-cigs in NY - convincing the FDA to reclassify e-cigs from drug delivery devices to tobacco products to thus exempt them. Please support the AAPHP petition at this page for that reclassification as another way to oppose the impact of A9529 on vapers.

 

[CaptJay]

Totally on baord with 'banning sale to under 18s' - Im sure everyone is. If ii am reading htis correctly for the other thing htough what its saying in effect is 'we want some of our voters to die, but before they die we want to make as much money off them as possible'
Perhaps the voters in NY - and they are all voters (over 18 remember?) - should ask just WHY their state legislators want them dead, and how that might affect their future voting - in fact a clever opposition party might make political capital off this. Just a thought if anyone knows anyone in the 'biz'

 

[Oliver]

Well, it sounds like they're passing the buck. NY decides they need to take action - the action is to defer to the FDA for a decision.

So, time to go and add your comments to the AAPHP petition, folks. This is clearly the way things are going.

 

[basic_atheist]

Hmmm... sounds like another terrorist attack on NY. This time it's BT and the FDA flying the planes.

-----
And there goes that DEG anifreeze scare tactic again. Bunch of liars. Tell them to test the glue used to hold the cigarette paper and filter together.

 

[karmatized]

this literally angers me deeply, why don't they just stop spending money on the quit smoking patches here in ny that they give out free and just say oh buy that stuff instead at least it has a higher chance of getting you off analogs.

Stupid government officials. Il still get my fix but sales in the ny area of the product that has helped me and so many others is going to die and that saddens me.

i actually enjoyed turning people on to this and off of cigarettes.

everyone i know whom i have converted has said the same thing. I love it.

lets hope for the best but knowing the tight ...'s we have representing the state i doubt it will be good news.

 

[karmatized]

oh yeah real quick almost forgot, this is most likely all tax related, NY has pretty much the highest tax's on cigarettes in the whole country. its close to $10 a pack. my hackjob math says 46m smokers / 50 -lets say 3.50 cost x 356 days = 2,128,880,000 per year tax revenue

thats over 2 billion of taxes from ny and thats saying that a equal ammount of smokers live everywhere in the us. no way to know the real numbers but its a guess based on ny prices.

 

[Dkrom68]

Great old NY, If you buy cigarettes in the city there like 10 bucks a pack and there trying to do the soda tax 18% for the obesity thing. This state and its officials are a bunch of corrupt money hungry egomaniacs full of scandal in the news all the time. If they want something to do they should go after all there own corruption and try to help the people trying to quit smoking and survive in a state thats becoming almost impossible to make a living anymore.

 

[SheerLuckHolmes]

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to ban the sale and
distribution of items containing or delivering nicotine that are not
currently classified as tobacco products or approved as tobacco use
cessation or harm reduction products by the U.S. Food and Drug Adminis-
tration (FDA) and also to prevent minors from purchasing these products.

So, when the appeals court up holds Judge Leon's decision and drops the stay, will NY step in and start taxing e-cigs or will NY citizens have to wait for the final outcome of the SE-Njoy case in total?

To me, this seems that NY is setting itself up to tax e-cigs as soon as they are classified as a tobacco product.

All of this is not worrying to me at this point. I believe the SE-Njoy case will, eventually, make the e-cigs a tobacco product by law. At that point taxes will begin being imposed. Also at that point I (and many others) will have their PVs of choice and will be able to make their own Juice. So the only two items outside of our control will be attys and nicotine juice. If these items are taxed in line with most other consumables, I would have no problem with that.

However, if the federal and state taxes were set at the abusive levels of cigarette tobacco rates, it will be time for HIGH profile protesting on the scale of the original tea parties of Boston.

After all, this is history repeating itself. England was abusing the colonies with their abusive taxes. Now it is our own government that is being even more abusive to its citizens. We can not allow this! We the people must demand our representatives work for us, not the highest bidder.

 

[zelda]

I sympathize completely and know my state is probably next in line with this banning. I have no illusions about it - it will be taxed as cigarettes are.

 

[crmartin]

I am so sick and tired of politicians sticking their noses in our personal affairs! I now I am going to vote against the majority of the current administration.