Vaping FAQs

is vaping legal for minors in new york

by Alena Kessler Published 2 years ago Updated 1 year ago
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Laws about E-cigarettes
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. You can file an underage sales complaint online or by calling 311.

Full Answer

Is it legal to vape in New York?

Yes, it is legal to vape in New York if one is over the age of 21. However, if you are under 21 it is illegal to consume/purchase e-cigarette related merchandise. 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.

Is it legal to vape in a car with a child inside?

No, it is not legal to vape in a car with a child inside in New York. Vaping with a car inside is not advised, and is illegal in the state of New York. Nicotine air particles could get trapped inside and cause harm to minors. Other than the harm that could occur to the child, a police officer could issue a fine if caught.

What is the legal vaping age in the US?

The answer to this problem came in the form of the federal bill called Tobacco 21. On December 20, 2019, the act was passed by Congress and then signed by the President. The new regulations raised the legal vaping age to 21 across the whole country.

How do I quit smoking or vaping in New York State?

If you smoke or vape and want to quit, talk to your health care provider. Or, contact the New York State Smokers' Quitline at 1-866-NY-QUITS (1-866-697-8487) or www.nysmokefree.com for free information, quit coaching and resources.

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 in NY?

NYC has a law that restricts the sale of flavored tobacco and vaping products (also known as e-cigarettes). According to this law, retailers may only sell tobacco products that are unflavored or are tobacco, menthol, mint or wintergreen flavored.

Is it legal for children to vape?

As with the purchase of conventional cigarettes and alcohol, the legal age to purchase and use an e-cigarette is 18 years. Despite this, teenagers have still been able to buy e-cigarettes from a range of venues including high street shops, street markets and from online stores.

Are flavored vapes legal in NY?

They're all illegal. New York first outlawed flavored vapes in 2019 in response to a teen vaping epidemic fueled by candy-flavored nicotine smoke.

How old do you have to be to 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.

Can you order Vapes online in NY?

New York prohibits the online sale of any vaping products that contain liquid. Philadelphia, Pennsylvania, has enacted a ban on flavored nicotine products, including menthol. This ban does not include nicotine-free liquid. The city also prohibits the online sale of e-liquid that contains nicotine salt.

What happens if a minor Vapes?

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.

Is it OK for a 13 year old to vape?

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 vape at 15?

Nicotine can harm the developing adolescent brain. The brain keeps developing until about age 25. Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control.

Are disposable vapes safe?

Disposables are as safe as any other vape product on the market. While they do still come with some potential hazards, they are a far safer alternative to smoking traditional cigarettes. Public Health England has even concluded that vape products are at least 95% safer than combustible tobacco products.

Are Juuls illegal now?

A federal court has temporarily put on hold an FDA ban against the company's vaping products. Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked a government ban.

Why do all disposable vapes taste like menthol?

Vape Pods Taste Minty Thanks to Extremely High Levels of a Chemical Banned in Food. The FDA regulates the chemical, called pulegone, in food, but not in e-cigs—so it's unclear which brands contain it.

Can you vape indoors in New York?

Serving, smoking or vaping any product containing tobacco or cannabis is prohibited inside New York City restaurants and bars. Serving non-tobacco shisha for on-site smoking is only allowed with a permit to operate as a non-tobacco hookah establishment.

Is vaping indoors illegal?

Is vaping allowed in pubs? Vaping in pubs is not illegal; there are no specific laws or restrictions on vaping indoors. However, the smoking ban of 2007 has made it more difficult for pubs to ensure that their customers aren't breaking the law by smoking inside.

What is the law on vaping?

You must be 18 or over to buy e-cigarettes or e-liquids in the UK. It is also illegal for vape adverts to include models who appear to be under the age of 25. These measures are in place to prevent children from taking up vaping.

Is vaping considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

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 was the smoking rate in New York in 2000?

While New York's high school student cigarette smoking rate dropped from 27.1% in 2000 to a record low of 4.3% in 2016, aggressive marketing strategies promoting flavored e-cigarettes are primed to reverse that trend.

How many high school students use e-cigarettes?

According to Department of Health data, nearly 40 percent of 12th grade students and 27 percent of high school students in New York State are now using e-cigarettes, and this increase is largely driven by flavored e-liquids. High school use in 2018 (27.4%) is 160 percent higher than it was in 2014 (10.5%).

What is Cuomo's plan for preventing e-cigarettes?

The Enacted Budget prohibits the sale or distribution of e-cigarettes or nicotine vapor products that have a characterizing flavor unless approved as part of an FDA pre-market approval; prohibits the sale of tobacco products, including e-cigarettes, in all pharmacies; restricts the delivery of nicotine vapor products only to NYS-licensed vapor products dealer; restricts the public display of tobacco and nicotine vapor products near schools; requires manufacturers of nicotine vapor products to disclose to the DOH Commissioner and the public, information regarding the ingredients, by-products, or contaminants in vapor products, whether intentional or unintentionally added; allows the DOH Commissioner to ban certain carrier oils if they are determined to be harmful; bans coupons and manufacturer discounts and displays in shops; and increases penalties for illegally selling tobacco products to minors.

What is Cuomo's tobacco policy?

ALBANY, N.Y. (May 18, 2020) - The New York State Department of Health today announced that two signature pieces of Governor Andrew M. Cuomo's Comprehensive Tobacco Control Policy take effect today. The first law prohibits the sale of flavored nicotine vapor products, and the second bans the sale of all tobacco and nicotine vapor products in ...

Is nicotine vapor FDA approved?

The law does not include flavorless and tobacco flavored nicotine vapor products, as well as nicotine vapor products that are approved by the FDA, which has currently approved non e.

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.

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 ...

Where are smoking and vaping permitted?

Smoking and vaping are permitted in the following areas or businesses:

Where is smoking prohibited?

The Clean Indoor Air Act prohibits smoking and vaping in the following indoor areas:

Is it true that vaping aerosol is harmless?

No, vaping aerosol is not harmless. 5 The emissions created by e-cigarettes can contain ingredients that are harmful and potentially harmful to the public's health, including nicotine, ultrafine particles, flavorings (such as diacetyl, a chemical linked to serious lung disease), volatile organic compounds (such as benzene, which is found in car exhaust) and heavy metals (such as nickel, tin and lead). 5

United States

As we know, the United States is one of the largest vaping markets in the world, and for years the regulations focused on e-cigarettes were pretty lax and varied from state to state. However, lately, we have seen an increase in teenagers’ interest in vaping, and this development has forced some changes in the existing laws.

Tobacco 21

The answer to this problem came in the form of the federal bill called Tobacco 21. On December 20, 2019, the act was passed by Congress and then signed by the President. The new regulations raised the legal vaping age to 21 across the whole country.

Europe

When is vaping legal in Europe? Vaping is permitted from the age of 18 in most countries. However, we should bear in mind that in this region, vaping regulations are stricter than in the United States. For example, in the European Union, there are limits on maximum concentrations of nicotine in e-juices as well as sizes of the tanks.

United Kingdom

As the United Kingdom has left the European Union recently, people may have questions about vaping laws in this country. It is worth mentioning that the UK still follows guidelines set by the European Tobacco Products Directive, and the age restriction on sales of vaping products is 18 years.

What are the laws in NYC regarding e-cigarettes?

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.

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

The sale of e-cigarettes to anyone younger than 21. You can file an underage sales complaint online or by calling 311.

How to report lung injury from e-cigarette?

Health care providers should report possible cases of lung injury associated with e-cigarette use to the NYC Poison Control Center by calling 212-POISONS (212-764-7667).

How to get help with a quit coach in New York?

Visit the New York State Smokers' Quitline, or call 866-NY-QUITS (866-697-8487), to talk to a quit coach for support. Adults can also apply for a free starter kit of nicotine medications.

How to get a starter kit for smoking in New York?

Visit the New York State Smokers' Quitline, or call 866-NY-QUITS (866-697-8487), to apply for a free starter kit of nicotine medications and to talk to a quit coach.

How many high school students use e-cigarettes?

In 2019, more than one in six (15.2%) New York City high school students reported using e-cigarettes. Nearly five times as many high school students use e-cigarettes than smoke cigarettes. Further, in 2018, one in 15 (6.7%) middle school students reported using e-cigarettes.

What is an e-cigarette called?

One popular e-cigarette, JUUL, is shaped like a USB flash drive. Using an e-cigarette is often called "vaping" or "JUUL-ing". Health Bulletin: E-cigarettes (PDF)

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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