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NY Senate Bans Candy-Flavored E-Cigarette Enticing Children

If passed, infractions might result in a civil penalty of up to $1,500 for the first offense and $2,500 for each further offense.

A measure that would outlaw the sale of vape devices that mimic school supplies, kid's toys, or that intentionally target children with their packaging and advertising was approved by the New York Senate on Wednesday.

State Senator Monica Martinez (D) is the sponsor of Senate Bill S7882 , which, if passed, would subject offenders to a civil fine of up to $1,500 for a first offense and $2,500 for each further offense.

Martinez said, "With the Senate's approval, we're one step closer to making that a reality. It's time to clear the air about underage vaping in New York." "Children are the target audience for these gadgets and their marketing. It's time for this to cease for the sake of the most disadvantaged people in our state.

Businesses that sell tobacco and comparable products would be prohibited by the bill from selling items that might include images, logos, symbols, mottos, selling messages, or colors that specifically appeal to minors. Additionally, businesses would not be allowed to sell toys, electronic devices, school supplies like markers, highlighters, ballpoint pens, and thumb drives, or depict cartoon, movie, or video game characters.

Before taking effect, the measure, which is cosponsored by nine members of the state Senate and is nonpartisan in nature, has to be passed by the Assembly and signed by the governor. In that chamber, a companion version of the Assemblyman Charles Fall-sponsored resolution is still pending.

In their 2023 National Youth Tobacco Survey, the Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) revealed statistics showing that, for the tenth year running, e-cigarettes were the most popular product among minors who were not yet of legal smoking age. Additionally, the survey found that "middle school students' current overall tobacco product use increased, despite a decrease in e-cigarette use among high school students.

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