Department of Health

Dear Dr. Vo:


I have been asked to respond to your September 25, 2019, email to Governor Andrew M. Cuomo regarding New York's State's emergency regulation, "Prohibition on the Sale of Electronic Liquids with the Characterizing Flavors."

Per Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Section 902.1 -- Definitions: As used in this Subpart, "Electronic Cigarette" and "e-cigarette" have the following meanings:

(a) The terms "electronic cigarette" and "e-cigarette" mean an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device; provided, however that "electronic cigarette" and "e-cigarette" shall not mean any product approved by the United States food and drug administration as a drug or medical device, or manufactured and dispensed pursuant to title five-A article thirty-three of the public health law.

The regulation does not extend to marijuana and industrial hemp smokable/inhalable finish products.

On October 1, 2019, a Justice in the Appellate Division, Third Department, granted an order temporarily restraining the Department from enforcing the flavored vaping device emergency regulation. While the Department continues to vigorously defend against this lawsuit, enforcement by local health departments and the Department's district office cannot bein on Friday, October 4, 2019 as planned. The Department maintains that alarming statistics regarding youth usage of flavored e-cigarettes and their undeniable pathway to nicotine addictions speak for themselves. The Department feels strongly that this public health crisis requires urgent action, and we look forward to our next opportunity to impress this upon the courts. The Department will immediately inform the public once enforcement is able to begin for this important regulation.