NY Flavor Ban

Discussion in 'Vaping News' started by SnapDragon NY, Apr 5, 2020.

  1. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    NEW YORK FLAVOR BAN PASSES
    Early this morning, despite enormous industry and consumer pushback, the New York State legislature passed a sweeping vapor bill that included a full flavor ban as part of the New York State budget. As we reported earlier, Governor Cuomo had made this a priority – even during the coronavirus fight – and forced the flavor ban into the state budget without so much as a hearing or debate on the issue. VTA’s campaign, alongside New York vape businesses and the most fervent consumer advocates, was strong but hampered by the inability to engage legislators or even test the flavor ban at a hearing because the legislature was on lock down due to coronavirus. VTA has issued a statement on the passing.

    Here are just a few of the provisions included in the budget bill affecting our industry:

    Flavor Ban: The new law bans the sale of flavored vapor products including mint, wintergreen and menthol. Retailers in violation of the law can be subject to civil penalties of up to $100 per individual package of flavor product sold for consumption. Products receiving PMTA approval are exempt from this provision. Because the bill was signed today, the flavor ban will go into effect in 45 days.

    Coupons Banned: The law bans the use of coupons for all tobacco and vapor products at the retail level.

    Licensing and Shipping: Shipping and transporting vapor products in New York will require licensure as a vapor products dealer. Licensing is through the Commissioner of Taxation. Vapor products shipped into or within the state must be plainly marked as “vapor products.” First offense violation is a class A misdemeanor and a second offense is a class E felony.

    Product Ingredient Reporting: Manufacturers will be required to provide a public record of the ingredients and byproducts of each vapor product, in addition to research on the effects on human health for each ingredient listed, and the evaluation of potential alternatives to these ingredients along with the hazards associated with them. Compliance is required by January 1, 2021 and every two years thereafter. A first offense violation is $5,000 and each subsequent offense is $10,000.

    Advertising Restriction: Tobacco and vapor product advertising is not permitted in the windows and doors of retail establishments within 1500 feet of a school (500 feet in New York City). Violators are subject to a $500 fine.

    The provisions of this law will take effect on July 1, 2020 unless otherwise noted above.

    VAPOR TECHNOLOGY ASSOCIATION, et al. v. ANDREW CUOMO, Governor, et al.
    The lawsuit through which VTA stopped the executive flavor ban last year, keeping all vapor companies in business in New York, continues on. In the last two weeks, in the midst of the coronavirus pandemic, the Administration asked the Appellate Court to reopen so it could pursue its appeal claiming it was “urgent”. The Appellate Court agreed to hear the case, we are continuing to defend against the unconstitutional overreach of the executive branch in issuing its original flavor ban order. We will see where the case goes in light of today’s developments but, true to form, certain “public health” groups attempted to file a “friends of the court” brief seeking to impact the proceeding. Attached is the VTA’s response that calls out the Campaign for Tobacco Free Kids, American Lung Association and the other petitioners, for their filing in which they appear to intentionally mislead the Appellate Court by failing to advise the court that the FDA banned the flavored products they have been campaigning against and by falsely attacking one of our co-plaintiffs.
     
    Vapin4Joy, pete67 and Whiskey like this.
  2. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    https://mailchi.mp/vaportechnology....ill-result-in-dangerous-black-market-products

    Vapor Technology Association: Reckless New York Flavor Ban Will Do Little to Protect Youth But Will Result In Dangerous Black Market Products

    As New York’s Economy Reels, Flavor Ban Will Hit Empire State’s Economy With $900 Million in Net Loss and Cost 4,600 New Yorkers Their Jobs

    Washington, D.C., April 3, 2020 – The Vapor Technology Association (VTA) said today that the ban on flavored vapor products that is now included in the New York state budget will do little to nothing to reduce youth usage since the FDA already banned the flavored products that it found youth are using . Instead, the total ban will eliminate choice for adults and force adult smokers back to combustible cigarettes or to dangerous and illegal black market substitutes.

    “We’re disappointed that Governor Cuomo used a global health emergency to force the New York legislature to pass a ban on flavored vapor products through backroom negotiations and without holding a single hearing or debate,” said Tony Abboud, Executive Director of the Vapor Technology Association. “Last year, a New York Appellate Court put a stop to the Administration’s unconstitutional attempt to pursue its flavor ban agenda. Now, through this questionable process, New York is taking actions that will only drive a widespread return to smoking and usher in a dangerous new black market."

    “The youth issue was addressed when the FDA banned the sale of flavored vapor cartridges and pods – the products it identified were used by youth – and when Congress raised the age to purchase products to 21 nationally. For these reasons, the New York ban on flavored vapor products will only harm adult New Yorkers that rely on these products to quit smoking,” said Abboud.

    Smoking combustible cigarettes is the leading cause of preventable death and disease in the U.S. New York’s flavor ban will do nothing but drive New Yorkers back to combustible cigarettes which, according to the New York Department of Public Health, takes the lives of 25,400 New Yorkers every year, or nearly 70 New Yorkers every day. New York’s political establishment has just created the greatest impetus for a new and burgeoning black market as adults seek for new ways to access the flavored products they rely on to stay away from combustible cigarettes.

    Abboud added, “Despite this, Governor Cuomo has decided to only attack the adult flavored vapor products market, leaving cigarettes readily available. The use of vapor technologies is a safer alternative for adults who are desperately trying to quit smoking. Now is the time that New Yorkers need more access to their flavored vapor products, not less. Now is the time for New York lawmakers to help small businesses stay in business, not shut them down.”

    “The New York flavor ban will shut down New York’s independent vapor industry, forcing hundreds of small businesses to close their doors and lay off thousands of workers. At a time when the Empire State’s economy is already suffering, this anti-small business flavor ban will make it even harder for New York’s economy to get back up and running.”

    A recent economic impact report, entitled A Flavor Ban Will Decimate New York Small Business, prepared by New York economists John Dunham & Associates (“Dunham”), finds that a state ban on flavors will result in a net loss to the New York economy of more than $900 million in total economic impact in 2020. Specifically, it would result in the loss of an additional $160 million in tax revenue for the state of New York (on top of the lost taxes from the recently enacted federal ban), virtually wiping out the 20% excise tax that New York passed just last year.

    “To be clear, government relief programs will not be able to save or revive the hundreds of small businesses and thousands of workers that the Administration and the Legislature have just permanently cast aside,” Abboud said.

    About the Vapor Technology Association

    The Vapor Technology Association is the U.S. non-profit industry trade association whose 1000+ members are dedicated to innovating and selling high quality vapor products that provide adult consumers with a better alternative to traditional combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, flavorings, and components, as well as the largest wholesalers, distributors, importers, and e-commerce retailers, in addition to hundreds of hard-working American brick-and-mortar retail store owners throughout the United States. Follow us on Twitter.
     
    Vapin4Joy, pete67 and Whiskey like this.
  3. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    Vapin4Joy, pete67 and Whiskey like this.
  4. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
  5. Whiskey

    Whiskey The TCIC Staff Member Moderator 3 year member

    Joined:
    Jul 19, 2017
    Messages:
    41,966
    Likes Received:
    174,489
    Thanks for posting these Snap :emoji_relaxed::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup::emoji_thumbsup:
     
    Vapin4Joy, SnapDragon NY and pete67 like this.
  6. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    GOV CUOMO HAS SIGNED THE NEW BUDGET AND EFFECTIVELY PASSED THE FLAVOR BAN!

    THE BAN ON ALL FLAVORED E-LIQUIDS WILL BEGIN IN LESS THAN 45 DAYS!

    CLICK HERE FOR CUOMOS ANNOUNCEMENT

    Click here for most recent revision of the bill which has passed!

    This also includes a ban on online sales! This is real, it's happening! YOUR FLAVORS ARE BEING TAKEN AWAY FROM YOU!

    This means in less than 45 days from now you will no longer be able to buy ANY flavored bottles of e-liquid, pre-filled pods or even disposables! And if you think you'll just hop online and order somewhere out-of-state, think again! Once this goes into effect NYS will actively pursue any entity found shipping or transporting across state lines... you'll quickly find reputable companies will quickly begin restricting shipments to our fine state.

    New York is essentially forcing it's adult nicotine users to either turn to a potentially deadly black market, or they return to smoking which already kills over fourteen hundred people every single day. But that's okay! NY gets PAID if you smoke!

    Mad yet? You should be!

    Many of you have been emailing us over the last few days frantic trying to understand just how this effects all of us... We'll take a moment and answer a few common questions we've been receiving:

    Will I still be able to buy replacement pods and coils?
    Yes. This legislation effects liquid, not hardware (unless said hardware contains flavored eliquid).

    What about my precious Hydes and Puff Bar Disposables?
    Nope, gone. Sorry. Not sure why you guys keep asking, they're flavored arent they?

    Will you be re-stocking any flavored e-liquids before the ban goes into effect? I tried to stock up but what I'm looking for is already gone.
    Nope. Sorry. We've got tons of flavored e-liquids left and have no intention of taking on additional inventory heading into a flavor ban. What you see on our site is what remains, nothing more is scheduled to arrive unless pre-purchased by a customer in advance. We'll be accepting pre-orders from customers wishing to "stock up" heading into the ban, minimum order of $150 invoiced and paid prior to delivery.

    How can I pre-order?
    Email us and we'll send you a custom invoice! Once you've paid for your pre-order you can expect to pick-up your order or receive delivery within 5 to 7 days. We're doing our best to gather everything our customers are searching for but please keep in mind we will not be able to fulfill all requests, they're obviously subject to distributor\manufacturer inventory.

    If I get caught with flavored e-liquid after the ban goes into effect could I get in any trouble?
    Possibly. We're awaiting some clarification, but it seems anyone found in possession of >500ml can be facing some consequences. We'll elaborate more on this once we've heard back from our attorney and industry organization(s).

    If you guys have any questions for us feel free to drop us a line, we'll do our best to answer but keep in mind we're still awaiting guidance from our state\industry organizations and legal teams. Our information is limited at this time. Email us your questions at zenfactoryoutlet@gmail.com

    This will NOT go un-answered. Stay tuned, the fight isn't over! We've stopped bans before and we can do it again! We'll have more information as it becomes available! Hang in there guys!
     
    Vapin4Joy, pete67 and Whiskey like this.
  7. pete67

    pete67 3 year member

    Joined:
    Jul 19, 2017
    Messages:
    40,855
    Likes Received:
    167,342
    If it gets to where you or anyone you know can't get juice, just let me know what you want and I will get it for you anytime.
     
    SnapDragon NY, Vapin4Joy and Whiskey like this.
  8. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324

    ut oh-

    :emoji_money_mouth:
     
    Vapin4Joy, Whiskey and pete67 like this.
  9. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    Thanks Pete-
    You are so sweet to offer! I have had time to build my stockpile- so many great sales lately!
    I hope others have had time to build their stockpile, they still have time- since we all pretty much knew this was coming.
     
    Vapin4Joy, Whiskey and pete67 like this.
  10. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    Maybe there is a ray of hope in NY?


    [​IMG]
     
    Vapin4Joy, Whiskey and pete67 like this.
  11. pete67

    pete67 3 year member

    Joined:
    Jul 19, 2017
    Messages:
    40,855
    Likes Received:
    167,342
    :emoji_fingers_crossed::emoji_fingers_crossed::emoji_fingers_crossed::emoji_pray::emoji_pray::emoji_pray:
     
    Vapin4Joy and SnapDragon NY like this.
  12. Whiskey

    Whiskey The TCIC Staff Member Moderator 3 year member

    Joined:
    Jul 19, 2017
    Messages:
    41,966
    Likes Received:
    174,489
    What's sad about her, is she is addressing the politics side of things, not the health benefits of vaping.
     
    pete67, Vapin4Joy and SnapDragon NY like this.
  13. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
  14. SnapDragon NY

    SnapDragon NY 3 year member Weekly Referral Winner

    Joined:
    Aug 1, 2017
    Messages:
    16,549
    Likes Received:
    66,324
    True- but I don't think anyone believes there is a health benefit to vaping, except vapers and some Drs and studies. If tobacco and alcohol are able to be purchased by adults, vape products should be allowed too. No health benefits to either of those products, but still legal to purchase by adults.
     
    pete67, Vapin4Joy and Whiskey like this.
  15. Whiskey

    Whiskey The TCIC Staff Member Moderator 3 year member

    Joined:
    Jul 19, 2017
    Messages:
    41,966
    Likes Received:
    174,489
    Amen Snap, I agree100%
     
    pete67, Vapin4Joy and SnapDragon NY like this.
  16. AnnaWatson

    AnnaWatson New Member

    Joined:
    Aug 19, 2020
    Messages:
    20
    Likes Received:
    19
    The vaper community don't get any effect from this decision in my opinion the ban of any thing is not the right way of stopping anything that people used before if someone has addicted to anything then it it quiet difficult to protects them for that thing,
     

Share This Page