Vaping FAQs

is vaping illegal for minors in ny

by Burdette Kulas Published 2 years ago Updated 1 year ago
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NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas, restaurants, sports arenas and workplaces. The sale of e-cigarettes to anyone younger than 21.

Full Answer

What is the legal vaping age in New York?

The legal vaping age in New York is 21 years old. If you are younger than 21 it is strictly prohibited to vape in the state of New York. Vaping was very popular and received insane attention in 2019 and as a result, the state began enacting legislation against Vaping to reduce the harm done to teenagers.

What flavors of vaping products are illegal in New York State?

The city of Yonkers and Nassau County also prohibit the sale of all flavored vaping products, except those that are tobacco, mint or menthol flavored. Effective May 18, 2020: Sales of vapor products in flavors other than tobacco are prohibited statewide.

Are e-cigarettes legal in New York?

New York state law already prohibits sales to persons under the age of 21 years old. Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. New York City Mayor, Bill de Blasio, officially signed into law a ban on the sale of all flavored vapor products.

How does New York State regulate tobacco and vaping?

The state's strong and effective laws and regulations protect youth from deadly nicotine addiction by reducing access to tobacco and vaping products, protect New Yorkers from exposure to dangerous secondhand cigarette smoke and e-cigarette aerosol, and hold tobacco and vaping product manufacturers to transparency.

How old do you have to be to vape in New York?

Is it illegal to vape in New York?

Can vapes cause e-liquid to spill?

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What is the legal age to vape in NY?

21 years of ageRetailers cannot sell cigarettes, cigars, chewing tobacco, powdered tobacco, shisha or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers, or smoking paraphernalia to people under 21 years of age.

Is vaping illegal under 17?

As with the purchase of conventional cigarettes and alcohol, the legal age to purchase and use an e-cigarette is 18 years.

Is vaping illegal under 18 in the US?

While the sale and possession of any products that contain nicotine to anyone under 18 are illegal, minors can possess nicotine-free vape pens. Many schools ban the possession of all vape pens and accessories.

Are vapes age restricted?

Restrictions and penalties Selling nicotine inhaling products, cartridges containing nicotine or e-liquid containing nicotine to persons under the age of 18 is against the law. There are harsh penalties for companies that break these laws, including: A criminal record for the person who sold to the under-18.

Should I punish my child for vaping?

Now that you are aware of the hazards brought by e-cigarettes, you have every right to punish your teen for vaping. It does not matter if they are only using it for recreational purposes. Vaping is still addictive and damaging. Some ways to punish your child are scolding and grounding them.

What happens if a minor Vapes?

For minors attempting to purchase or use vaping products, punishments include fines up to $50, education on health risks, and community services.

Why do teenagers vape?

addiction, they like the “hit” they get from nicotine. appealing flavors (e.g. fruit, candy, dessert) devices are seen as trendy, or a status symbol. they consider vaping “harmless” and “safer than smoking” in order to quit or cut down on smoking.

Can you vape in New York?

NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas, restaurants, sports arenas and workplaces.

What age can you buy a vape?

Part of the Food and Drug Administration's 2016 Deeming Rule was a federal ban on the sales of vapor products to those under age 18. By deeming the tobacco-free devices and e-liquids to be tobacco products, they automatically fell under the existing federal restriction on selling tobacco products to minors.

What age can you vape no nicotine?

Also known as vapes or e-cigs, they're far less harmful than cigarettes, and can help you quit smoking for good. They are not recommended for non-smokers and cannot be sold to people under 18 years old.

Can you vape at 14?

A: The federal minimum age to purchase e-cigarette products is 18, but the laws vary by state – 49 states have set a minimum age that is older than 18. Unfortunately, the majority of underage vaping users are still getting the products from local gas stations or areas in their community that sell the products.

What happens if you sell vape to under 18?

If you are found to have sold e-cigarettes, e liquids or cartridges to an under 18 then you will have committed an offence. In these cases, both the business owner and the individual member of staff who made the sale can be held responsible.

Can you vape at 14?

A: The federal minimum age to purchase e-cigarette products is 18, but the laws vary by state – 49 states have set a minimum age that is older than 18. Unfortunately, the majority of underage vaping users are still getting the products from local gas stations or areas in their community that sell the products.

What happens if you are caught vaping under 18 in Texas?

Violators may be fined up to $100. Exceptions apply if the minor is in possession or receipt of cigarette, e-cigarette, or tobacco products – while in the presence of an employer – in the performance of required job duties as an employee or in the course of supervised law enforcement activities.

Can I order a vape online under 18?

You must be 21 years old to purchase vapes unless you're in the active military, in which case the age requirement is 18. To order vape products by mail, you must be 21.

What happens if you are caught vaping under 18 in California?

Possession of a vaping device by a juvenile is not a crime in itself, but using the device is when it becomes a crime. Under California Business & Professions Code § 22950.5(c), use of vaping devices is prohibited wherever smoking is prohibited.

E-Cig State Laws in 2022 - License to Vape

It’s important to have the latest information on all laws that affect vaping. We’ve compiled the latest laws in all 50 states for you. Just check out the

E-Cigarette Regulations - New York | Public Health Law Center

A snapshot of New York state e-cigarette regulations, as of June 15, 2022. This page is updated quarterly by the Public Health Law Center.

State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

New York State Department of Health Announces Statewide Ban of Flavored ...

You are Here: Home Page > 2020 Press Releases > New York State Department of Health Announces Statewide Ban of Flavored Nicotine Vapor Products Takes Effect Today

A Guide for Tobacco and Vapor Product Merchants - New York State ...

You are Here: Home Page > Tobacco > A Guide for Retail Tobacco and Vapor Product Dealers and New York State's Youth Access Tobacco Control Laws (Public Health Law Article 13-F)

NYS flavor vaping ban: A win for public health or Big Tobacco? - NEWS10 ABC

Starting on Monday, May 18, the sale of flavored vape products will be illegal in New York State, as well as the sale of all tobacco products in pharmacies.

What is Juul Labs lawsuit?

In November 2019, Attorney General James filed a lawsuit against the electronic cigarette company JUUL Labs for deceptive and misleading marketing of its e-cigarettes, which contributed to the ongoing youth vaping epidemic in New York state.

Is it legal to sell vapes in New York?

In New York, it is illegal to sell nicotine products to individuals under the age of 21. As of May 2020 , it is illegal to sell flavored nicotine products in New York, and, as of July 2020, it is illegal to sell vaping products online and through mail order to New York consumers.

How old do you have to be to sell e-cigarettes?

Sale/distribution of e-cigarettes, vapor products or liquid nicotine to persons under age 21 prohibited. Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and locations restricted to persons at least 21 years of age.

What is vaping in a cigarette?

Vaping means “the use of an electronic cigarette.”. Vapor product means “any non-combustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured in to a finished product for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaping pen, hookah pen, or other similar device…”.

What smoke-free restrictions exist for e-cigarette use?

E-cigarette use prohibited where smoking is prohibited, including, but not limited to indoor areas such as workplaces, restaurants, mass transit, hospitals, schools and dorms, and outdoor areas, such as railroad stations, hospital, library and school grounds (with some exceptions) N.Y. Pub. Health Law §§ 1399-n (9) (definition of vaping); 1399-o; 1399-q (exceptions) (2021); most playgrounds (with certain restrictions) N.Y. Pub. Health Law § 1399-o-1 (1) (2021); and in child care vehicles when transporting children. N.Y. Comp. Codes R. & Regs. tit. 18, § 415.13 (b) (5) (ix) (2021)

What is liquid nicotine?

Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette. ”. N.Y. Pub. Health Law § 1399-cc (1) (e) (2021) Vaping means “the use of an electronic cigarette.”. N.Y. Pub. Health Law § 1399-n (9) (2021)

What is vapor product?

Vapor products means “any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombusti ble liquid or gel.”. Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed ...

What does "e-cigarette" mean?

How does the state define an e-cigarette? Electronic cigarette ( or e-cigarette) means “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 .”. Vapor products means “any noncombustible liquid or gel, regardless of the presence ...

Is Cloud X illegal in New York?

NEW YORK – Attorney General Letitia James’ office ordered Cloud X Vapes, HQD Tech USA , and PodVapes to immediately cease and desist illegally selling vaping products online to consumers in New York. These companies illegally sold vaping products online through their websites to New York consumers — a violation of New York state law . In addition, they illegally sold products to minors, offering flavored nicotine vaping products, including cotton candy, pineapple mist, green apple, and others.

Is it legal to sell vapes in New York?

New York has already prohibited sales of nicotine products to individuals under the age of 21. As of May 18, it is illegal to sell flavored nicotine products in New York, and as of July 1, it is illegal to sell vaping products online and through mail order to New York consumers.

What is the law on vaping in New York?

Public Health Law Article 17 requires manufacturers of vapor products distributed, sold, or offered for sale in NYS, both retail or wholesale, to disclose the ingredients of vapor products, toxic metals in heating elements, and byproducts of the aerosol produced by the normal use of vaping products to the State Health Commissioner for public record and post these on their websites.

What is the age limit for smoking in New York?

Article 13-F Section 1399-CC of the NYS Public Health Law prohibited the sale of tobacco and vapor products and smoking paraphernalia to people under the age of 21.

What is the New York State Tobacco Control Program?

The New York State Tobacco Control Program works to create local environments open to policy, systems, and environmental changes that prevent tobacco and e-cigarette access by youth and eliminate exposure to toxic secondhand smoke and vaping aerosol. In addition to these state laws, many organizations, businesses, municipalities, and counties have adopted binding or nonbinding policies and resolutions that prohibit smoking and e-cigarette use. These policies include prohibiting smoking and e-cigarette use in multiunit housing; banning smoking, tobacco use, and e-cigarette use in additional outdoor spaces; restricting the number and location of stores that sell tobacco and e-cigarettes; prohibiting the acceptance of tobacco company funds or services; and working to reduce the impact of adolescent exposure to smoking in movies and on the internet.

How long does a vapor license last in New York?

Registration certificates are valid for one year and must be displayed. The law gives the State Health Department enforcement oversight to ensure compliance with all tobacco and e-cigarette laws, including adhering to the minimum legal sale age, display of approved signage, restricting the sale of flavored vaping products other than tobacco-flavored, and storing tobacco and vapor products out of consumers' reach. See New York State Tax Law, Article 28-C to learn more.

What is the NYS tobacco policy?

The state's strong and effective laws and regulations protect youth from deadly nicotine addiction by reducing access to tobacco and vaping products , protect New Yorkers from exposure to dangerous secondhand cigarette smoke and e-cigarette aerosol, ...

What is the new law that increases the penalties for selling tobacco products?

Increase Retailer Penalties for Tobacco Sales Violations. As of July 2020, an amendment to Public Health Law Article 13-F Section 1399-EE increases the penalties for illegally selling tobacco and vaping products to underage purchasers and other ATUPA violations.

What is the law that regulates vaping?

Public Health Law 13-F , known as the Adolescent Tobacco Use Prevention Act (ATUPA), regulates the sale of tobacco and vaping products to restrict their access by youth and young adults. ATUPA violations can result in civil penalities or retailer registration suspension or revocation. Recent amendments:

What is the limit for vapor in New York?

2 Effective July 1, 2020: A person other than a common or contract carrier can still transport vapor products, but there is now a limit of 500 milliliters or 3 grams of nicotine. 4. Coupons or “price reduction instruments” ...

What is the age limit for smoking vapor?

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. New York state law already prohibits sales to persons under ...

How far away from a school can you smoke?

Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City). 4

How much is the state tax on snuff?

Smoke-free tobacco products are subject to a state excise tax of 75% of the wholesale price. The tax on Snuff per ounce is $2.00. 3. Effective December 1, 2019, a 20% supplemental sales tax applies to retail sales of vapor products in the state. Sources.

What age can you buy e-liquid in New York?

New York state law already prohibits sales to persons under the age of 21 years old. Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

When will the ban on vaping go into effect?

New York City Mayor, Bill de Blasio, officially signed into law a ban on the sale of all flavored vapor products. The ban goes into effect on July 1, 2020 , and includes flavored e-liquids in wintergreen, mint and menthol flavors. The city of Yonkers and Nassau County also prohibit the sale of all flavored vaping products, ...

Is e-liquid banned in New York?

Online sales of e-liquids are banned (vapor products are folded into the same provision that bans shipment of cigarettes to consumers). This does not include components or devices. The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

How old do you have to be to get a coupon?

Must be 18 years old, including redeeming a coupon for the product ( Sections 161.082 and 161.087 ), unless with a parent, guardian, or spouse ( Section 161.252)

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

What age can you vape?

In general, you can assume that your state treats the sale and use of vaping products by minors just as they do tobacco cigarettes – still sticking to the minimum age limit of 18.

Where Can I Purchase Quality Vape Products If I Am Over the Age of 18?

If you are 18, and can legally purchase and enjoy vape products, then you should choose a reputable business with high quality products such as e-cigs, vaporizers, starter kits, and e-juices. VaporFi can be your one-stop shop for all your vaping needs once the time is right, so feel free to browse our selection and pick a few favorites if you are 18 or older!

What is vaping juice?

Vaping involves inhaling a vapor through an e-cigarette or electronic vaporizer. The vapor may be a product of an e-liquid (also referred to as vape juice and e-juice), a dry herb, or concentrate. Every e-cig and vaporizer contain a heating element that raises the temperature of the chosen substance, chemically transforming it into a vapor form. Vape juices come in a range of different flavors, which is a big and exciting factor in the overall experience.

Is vaping a similar product to tobacco?

The FDA has a hand in the laws on vaping as well, categorizing e-cigarettes as a similar product to tobacco cigarettes (despite their differences). As a result, FDA regulations that are placed on tobacco cigarettes are similarly applied to e-cigarettes and vaporizers. This includes the age requirement, a valid photo ID needed for purchase, and a nicotine warning label placed on all nicotine-containing products by 2018.

Is vaping a teenager?

As it turns out, vaping has also caught the attention of teens and young adults as well. Similar to the time during which tobacco cigarettes were at the height of their popularity, vaping has become an interesting thing that teens are wanting to try. However, if you are a teen or young adult who wants to venture into vaping, ...

Is vaping better than smoking?

With the skyrocketing popularity of vaping and e-cigarettes, more people are becoming interested in trying it for themselves. Many experts are touting it as a far better alternative to tobacco cigarettes, with potentially less worrisome health effects.

Is e-cigarettes safer than tobacco?

However, scientists do generally agree that it is an optimal alternative to tobacco cigarettes, with Public Health England going so far as to state that e-cigarettes are 95 percent less harmful than traditional smoking, according to their 2015 studies.

How old do you have to be to vape in New York?

You can’t purchase a vape of any kind in New York if you’re under the age of 21.

Is it illegal to vape in New York?

Is it illegal to vape in NY? It is not illegal to vape in New York. However, there may be bans on public vaping that can come from local places like restaurants and bars.

Can vapes cause e-liquid to spill?

Furthermore, repeated use of a disposable vape can leak and spill e-liquids into your clothes and hair without you noticing it resulting in an entire day full of chemical exposure.

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