NEW YORK

 

TOBACCO HARM REDUCTION 101: NEW YORK

January 13, 2020

Key Points: 

  • New York’s vaping industry provided more than $1.9 billion in economic activity in 2018 while generating 4,416 direct vaping-related jobs. Sales of disposables and prefilled cartridges in New York exceeded $54 million in 2016.

  • As of January 7, 2020, NYSHD has reported 150 confirmed and probable cases of vaping-related lung illness, including two deaths. Earlier reports note a majority of patients report vaping THC. NYSHD earns a B for its reporting on vaping-related lung illnesses.

  • In 2017, only 1.5 percent of New York high school students reported daily e-cigarette use. More data is needed.  

  • Only 1 percent of FDA retail compliance checks in New York resulted in sales of e-cigarettes to minors from January 1, 2018 to September 30, 2019.

  • New York spends very little on tobacco prevention. In 2019, New York dedicated only $39.4 million on tobacco control, or 2 percent of what the state received in tobacco settlement payments and taxes.

NEW YORK CITY MENTHOL BAN WOULD CREATE BLACK MARKETS, NOT REDUCE SMOKING RATES

November 7, 2019

FLAVOR BAN IN WESTCHESTER, NY UNLIKELY TO IMPACT YOUTH VAPING, HOSPITALIZATIONS, WILL VAPORIZE HARM REDUCTION

October 22, 2019

FLAVOR BAN UNLIKELY TO REDUCE YOUTH E-CIGARETTE USE, DOES NOT ADDRESS RECENT HOSPITALIZATIONS, AND WILL VAPORIZE SMALL BUSINESSES IN NEW YORK

October 7, 2019
  • On September 17, 2019, New York Gov. Andrew Cuomo issued an order to the New York Department of Health (NYDOH) banning the sale of flavored electronic cigarettes and vaping devices.

  • The New York Department of Health gave retailers “an approximate two-week grace period before conducting visits to enforce” the ban, with inspections “beginning on Friday, October 4.” Retailers in violation were to “face fines of up to $2,000 per violation.”

  • On October 3, 2019, in response to a lawsuit filed against the ban by the Vapor Technology Association and two vaping manufacturers (VTA et al.), a New York Appellate Court “granted a temporary restraining order to halt New York’s enforcement of the ban.” The ban is effectively delayed until October 18, 2019.

  • Analysis of flavor bans indicate they do not deter youth use of vapor products. 

    • Santa Clara County, California, banned flavored tobacco product sales to age-restricted stores in 2014. Despite this, youth e-cigarette use increased while the ban was in effect. For example, in the 2015-16, 7.5 percent of Santa Clara high school students reported current use of e-cigarettes. In the 2017-18, this increased to 10.7 percent.

  • CDC and several state health departments have linked the vast majority of recent vaping-related hospitalizations to the use of illicit and unregulated products, not lawful and regulated flavored products.

    • A CDC Morbidity and Mortality Weekly Report obtained information for 514 of 805 possible vaping-related hospitalizations. Of the 514 patients, 395, or 77 percent, “reported using THC-containing products.”

    • The Connecticut Department of Health “interviewed nine of [their state’s] 13 patients with vaping-related injury.” All nine patients reported the use of THC products.

    • The Texas Department of State Health Services identified 75 potential vaping-related hospitalizations, with 87% of cases interviewed” reporting using THC products.

    • A statewide flavor ban will also prove to be a huge economic loss for New York

      • “the [New York] vapor industry accounts for over [$1.197 billion] annually in economic output and generates jobs for approximately 8,110 individuals.”

      • This industry annually pays an estimated $99 million in state taxes and more than $30 million in sales taxes.

      • Most brick-and-mortar vape shops in the Empire State “are small businesses, with many having five or fewer employees.”

    • New York spends little money on helping smokers quit

FLAVOR BANS WOULD SNUFF OUT VAPING IN NEW YORK

February 26, 2019
  • Senate Bill 428 would ban the sale of “characterizing flavors,” including, but not limited to, “fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, [and] herb or spice flavoring.” The legislation does not include tobacco or menthol flavors.

  • Data from the “2018 National Youth Tobacco Survey and the “2018 Monitoring the Future Survey” found an increase in the number of youth who say they vape more than one time per month, but this is a misleading figure because it doesn’t make clear whether a person had, for example, vaped twice and then never vaped again or vaped multiple times per day each day of the month.

  • There is no real data to suggest youths who use e-cigarettes will transition to combustible tobacco cigarettes. A January 2019 study in the Journal of the National Cancer Institute found no evidence that vaping is a gateway to smoking among youth, according to Dr. Michael Siegel, a professor at the Boston University School of Public Health.

  • Of the estimated 10 million adult vapers in the United States, nearly three million are former tobacco smokers.

  • A 2019 study found e-cigarettes are “twice as effective as nicotine replacement at helping smokers quit.”

  • Flavors are an important reason why electronic cigarettes have been so successful in helping people quit using tobacco.

  • Facebook
  • Twitter
  • Instagram

©2020 by Tobacco Harm Reduction 101.