In 2020, NYS banned the sale of all flavored e-cigarette products.

NY is one of five states to have done so but due to loopholes and limitations in enforcement ability, retailer evasion is rampant across the State. NYS must act now to close these loopholes and ensure that these harmful products are no longer available in our communities to attract and addict our youth.


Tobacco companies have been hooking our kids for years with enticing flavors, and now they’re scheming to addict another generation of kids by selling products in flavors like gummy bear, cotton candy, banana smash, mango and “smooth menthol.”

Youth e-cigarette use remains a serious public health problem. Kids aren’t just experimenting with e-cigarettes – many are using these products most days or every day, a sure sign they’re becoming addicted. In 2023, nearly 40% of high school e-cigarette users vaped on at least 20 days a month, and nearly 30% reported vaping every day. Additionally, flavored products are driving youth use. Nearly 90% of youth e-cigarette users use flavored products, with fruit, candy/desserts/other sweets, mint and menthol reported as the most popular flavors.

While Juul, a high-tech, easily hideable e-cigarette ignited the first e-cigarette nationwide public health crisis by intentionally marketing to kids with sweet flavors, there are now over 15,500 e-cigarette flavors and dozens of brands selling flavored e-cigarettes. Brands have developed dessert-inspired and blended flavors like Watermelon Ice, flashy packaging with images of fruit, toy features like LED screens, adjustable nicotine strength, and more to keep youth hooked.

Several loopholes in the 2020 law that removed these products from New York State, like the FDA PMTA Exemption, are being taken advantage of by distributors and retailers to enable continued access to and promotion of these products to youth. We are dedicated to making sure that these laws are enforceable and that those who violate them are held accountable.