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Lawmakers Seek to Ban Flavored E-Juice

Lawmakers Seek to Ban Flavored E-Juice

Posted by Sarah on Oct 14th 2017

Legal right to vape advocacy graphic

Editor's note: This article covers a flavored e-juice bill first proposed in New York in 2017. Laws and product availability change over time. New York has since enacted a statewide ban on the sale of flavored nicotine vapor products other than tobacco, which took effect in 2020. Always check the current rules in your own state and locality before you buy.

How many of you remember Joe Camel? What about the Marlboro Man? These iconic characters used to be everywhere, on billboards, in magazines, and in TV ads worldwide, then seemingly disappeared overnight. That happened because legislators decided cartoonish Joe Camel and similar cigarette advertising were aimed at kids. It led to laws changing how cigarette companies could advertise, and ultimately to further rules about where cigarettes can be smoked at all (hint: basically no public areas).

Over the same years, vaping and e-cigarette use rose. Vaping became a popular option among adults, and the category grew into a wide market of devices, tanks, and flavored e-liquids. More recently, legislators have turned their attention to vaping regulations, on top of the rules already on the books. A few years back, a New York politician submitted a proposal to control e-juice sales and distribution in the state. If passed, it could have serious repercussions for adult vapers and retailers across New York.

The Details

According to the New York Daily News, Assemblywoman Linda Rosenthal (D-Manhattan) introduced a bill designed not just to control but to "ban the sale and distribution of e-cigarette liquids in New York." That is right: Rosenthal and her supporters did not want only stronger regulations on e-juice, they wanted to ban the sale of it entirely in the state. The proposal followed a recently signed law banning e-cigarette use in schools, both public and private. On top of that, New York's Clean Indoor Air Act was extended to include e-cigarettes, which bans their use in most public spaces, including restaurants, bars, and workplaces.

Rosenthal framed the bill in her own words: "I don't know many adults who would like to inhale bubble gum or strawberry vapor." The reasoning behind the proposal was that flavored e-juice appeals mainly to minors rather than adults, and that banning flavors would therefore curb underage vaping. Many adult vapers pushed back on that premise, pointing out that flavor variety is one of the main reasons grown-up customers choose the products they do.

What This Means for Adult Vapers

When the conversation turns to protecting minors, it is easy to understand where lawmakers like Rosenthal are coming from. Nicotine is widely known to be addictive, and these products are restricted to adults of legal age for that reason. The stated goal of the bill was to keep younger people from accessing nicotine before they are old enough to weigh the long-term implications.

The counterpoint from the adult vaping community is that flavor is central to how grown-up customers shop. For an adult who chooses to vape, the appeal of trying a mango, custard, or menthol blend is a matter of personal taste and product preference, not a health claim. Critics of flavor bans argue that removing those choices treats every adult customer as if they were a teenager, and pushes existing buyers toward unregulated or out-of-state sources rather than away from the category.

Getting Involved

At Central Vapors, we follow vaping legislation closely. As with any new bill, it is up to the people it affects to speak up. Whether you agree or disagree with a given proposal, the most useful things you can do are register to vote, get educated on the topic, and contact your representatives to make your voice heard. If you want to stay informed about issues that affect adult vapers, reach out to the Central Vapors team to learn other ways to get involved.

Frequently Asked Questions

What did Assemblywoman Rosenthal's bill actually propose?

As reported by the New York Daily News, the bill sought to ban the sale and distribution of e-cigarette liquids in New York State, not merely to add new restrictions. It was introduced around 2017 alongside other measures limiting where e-cigarettes could be used.

Is flavored e-juice legal in New York today?

New York enacted a statewide ban on the sale of flavored nicotine vapor products other than tobacco, which took effect in 2020. Rules differ by state and by city, and they can change, so always confirm the current law where you live before purchasing.

Does New York's flavor ban include menthol?

At the state level, the ban covers nicotine vapor products with a characterizing flavor other than tobacco, which includes mint and menthol. New York City enforces its own local rules as well. Check both state and local regulations for your exact location.

Why do adult vapers care so much about flavors?

For many adults, flavor variety is simply a matter of personal preference and product enjoyment. The argument made against flavor bans is that they remove legitimate choices from adult customers, not that any particular flavor offers a health outcome.

How can I make my voice heard on vaping legislation?

Register to vote, read up on the bills under discussion, and contact your state and local representatives directly. Advocacy organizations also track pending legislation and offer ways for adult consumers to participate.

Who is allowed to buy vape products?

These products are intended only for adults 21 and older. Retailers verify age at purchase, and underage sales are prohibited by law.

These products are intended only for adults 21+. Nicotine is an addictive chemical. This article is general product information and is not a smoking-cessation claim.