Nassau Bans Sale Of Most Flavored Vaping Products

MINEOLA, NY — Nassau County is banning the sale of most flavored e-cigarettes and vape products. Laura Curran, the Nassau County executive, signed off on prohibiting all vaping products except for tobacco, mint and other menthol flavors Monday.

The ban takes effect New Year's Day.

The legislation comes as big tobacco companies target youths with marketing materials and flavors, Curran said.

"We're now facing an alarming rise in e-cigarette use among our young people, and it is undeniable that Big Tobacco's targeting of youth with flavors like bubblegum, mango, or cotton candy has driven that rise," Curran said in a news release Monday. "We will not sit and twiddle our thumbs as a whole new generation gets hooked on toxic products that lead to a lifetime of nicotine addiction and serious health risks."

County health and consumer affairs officials will oversee enforcement of the ban. Violators could see fines of $500 to $1,000 for the first offense. Repeat violators could see fines of $1,000 to $2,000.

Enforcement of a state administrative action banning the sale of nearly all flavored e-cigarette and vaping products in the state was temporarily blocked by the vaping industry, officials said, making the county ban necessary. The bill was proposed by Legislator Arnie Drucker, a Plainview Democrat.

"Through its proactive stance, Nassau County has made clear that we will do everything in our power to protect our youth and prevent another industry from getting rich by using the big-tobacco playbook of getting young people hooked on a dangerous product," Drucker said in a statement.

As of Dec. 10, 52 people nationwide have died from a mysterious vaping-related breathing illness, the federal Centers for Disease Control and Prevention said. That includes two in New York. About 2,400 vaping-related lung injury cases have also been reported.

Federal and state health officials have homed in on products containing THC, the active ingredient in marijuana, particularly those acquired on the street or from other informal sources, as the source of most of the cases. But officials agree vaping, like smoking, is unsafe in all forms and consumers should avoid using the products.

In October, Curran signed into law an initiative to ban the advertising of age-restricted products — such as cigarettes, tobacco and vaping products — near buildings where kids frequently visit.

A third bill would ban using cigarettes, vapes and e-cigarettes at most county parks, playgrounds, athletic fields and recreational facilities.

The Town of Hempstead last year began enforcing a law that bans vaping in town parks. Signs specify that both smoking and vaping are prohibited.

In August, Democratic Gov. Andrew Cuomo ordered state health officials to subpoena three out-of-state companies that market and sell so-called "thickening agents" used in black market vaping products. The thickeners, which are readily available on the internet, are billed as a cheap, safe alternative that won't adversely affect flavor or smell of existing products.

The governor also directed state health officials to issue emergency regulations mandating that warning signs be posted in all vape and smoke shops throughout the state.