Board Closes Loophole in Flavored Vape Ban
Last night the Westchester County Board of Legislators unanimously approved an amendment to County law strengthening enforcement of New York State’s ban on certain vaping devices.
The measure closes a loophole that some vendors have used to claim flavored and deceptively designed vapes found in their possession were not intended for sale in New York. It is the latest step in the Board’s ongoing efforts to reduce and prevent nicotine use among young people and protect the health and safety of all Westchester residents.
Under the new County law, if a Westchester retailer is found with four or more flavored vapes banned by state law, or four or more e-cigarettes disguised as everyday items such as highlighter pens or smartphone cases, the products are presumed to be intended for illegal sale. It is then up to the vendor to prove otherwise by showing the items were meant only for lawful online sales to customers in other states or jurisdictions where they can legally be sold.
New York prohibited the sale of most flavored vaping devices in 2020 to reduce youth access. Since then, some retailers have argued the products were being held only for shipment to customers in states where those sales remain legal. Retailers claiming that exception must now back it up with evidence. This gives the Westchester County Department of Health a stronger enforcement tool: inspectors can act without having to prove an illegal sale took place.
Board Chairman Vedat Gashi (D–New Castle, Ossining, Somers, Yorktown) said, “Westchester has taken important steps to protect young people from the dangers of vaping. No one should be able to sidestep the law. This measure closes an enforcement gap and gives our public health officials another tool to hold retailers accountable. I’m proud the full Board came together to support this effort.”
Legislator Jewel Williams Johnson (D–Elmsford, Greenburgh, Tarrytown, White Plains), Chair of the Board’s Health Committee, said, “Since becoming a County Legislator, one of my steadfast goals has been to make harmful vaping products less accessible to our young people. This legislation closes a loophole that some retailers have exploited by claiming flavored products are merely being stored for internet sales while still making them accessible to youth. That kind of end-run around the law is unacceptable. Retailers have a responsibility, too: profit can never come before the health and well-being of our young people. We owe them an environment that supports healthier choices, stronger development, and a better future.”
Legislator Colin Smith (D–Cortlandt, Peekskill, Yorktown), Chair of the Board’s Legislation Committee, said, “Retailers have tried to hide behind vague claims that these products were meant for out-of-state sale and use that excuse to frustrate enforcement. This law puts an end to that. If we’re serious about keeping flavored and deceptively designed vapes away from young people, our public health officials need the tools to hold violators accountable.”