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NY Flavor Ban

Discussion in 'The Bad' started by SnapDragon NY, Apr 4, 2020.

  1. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    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.
     
  2. DonBaldy

    DonBaldy Platinum Contributor Member For 4 Years

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    What a crock of holy horse shit! I really feel bad for our NY friends. So it looks like NY residents can't even have vape stuff shipped in to them?
     
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  3. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    It looks like for now it is the flavored eliquids that are banned- yes cannot be shipped to us either.
    not the gear, yet.
    Yes the NY rat bastards snuck this ban in with their budget- just disgusting. Hopefully this ban will be overturned like the last one!
     
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  4. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    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.
     
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  5. obijuan77

    obijuan77 Silver Contributor Member For 2 Years

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    Hey Cuomo,

    upload_2020-4-4_18-44-55.jpeg
     
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  6. DonBaldy

    DonBaldy Platinum Contributor Member For 4 Years

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    Another reason to hate all politicians. Fucking assholes.
     
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  7. obijuan77

    obijuan77 Silver Contributor Member For 2 Years

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    What about this part:

    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.”

    This sounds to me like they are trying to ban shipping on everything
     
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  8. The Cromwell

    The Cromwell The Frugal Vapist VU Donator Diamond Contributor Member For 4 Years

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    Well this will kick in either a few months after Deeming regs enforcement or a few months before. Depending if the FDA gets an extension or not. I figure they will get it?
    and anything that gets PMTA approval can be sold in NY.
     
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  9. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    Yes it sure does sound like a anything vape relate ban- knowing how much Cuomo hates vaping and has been trying to ban vaping for a while now.
     
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  10. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    The NY Ban is supposed to take effect on July 1,2020- if the FDA doesn't get an extension approval from the judge the Deeming regs are supposed to begin May12,2020. I think there will be extension granted too.
    As far as I know or have read, not one vapor product has passed the PMTA process yet- not sure if any ever will either.
     
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  11. The Cromwell

    The Cromwell The Frugal Vapist VU Donator Diamond Contributor Member For 4 Years

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    Not sure either but I am pretty certain that a few cigalikes and sealed pods have an application in. Vuse being one.
     
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  12. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    Last edited: Apr 4, 2020
  13. lordmage

    lordmage Senior Moderator Staff Member Senior Moderator VU Donator Gold Contributor ECF Refugee Member For 5 Years

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    now here is the kicker those who import are also affected by it... transporting thur NY still means its banned.
     
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  14. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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  15. obijuan77

    obijuan77 Silver Contributor Member For 2 Years

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    ^^^This pretty much sums it up. He was able to get his way. What a douche
     
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  16. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    Yes and thousands of vapers and those trying to find their way out of their cigarette addiction will suffer- according to Cuomo "so what" !
     
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  17. R3alJim Shady

    R3alJim Shady Platinum Contributor Member For 4 Years

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    To my fellow NY residents:

    If you need juice to keep you going I'll be happy to help. I've been DIY juice only for six years now and while I'm no pro, I'm sure I can get you something mixed to tide you over until the courts turn over Governor Shitbag's ban.
    Why would I do this? Because #fuckcuomo, that's why.

    Sent from the Death Star
     
  18. The Cromwell

    The Cromwell The Frugal Vapist VU Donator Diamond Contributor Member For 4 Years

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    Umm this was passed by the legislature, the governor just signed it unlike the first one.
    Not likely to be overturned.
    In any case by the time it got overturned if it does the deeming regs will likely be enforced.
    because it would most likely go to the state supreme court after passing thru a lower court.
    And NY govt legal wheels are not turning very fast right now.
     
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  19. Rhianne

    Rhianne Diamond Contributor ECF Refugee

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    That’s so sweet of you, Shady. I’m bummed already with corona lockdown here, and this Cuomo ban is just too fucking much.

    I’d no idea you were in NY. Stay safe, bro. Love to you and the family. :blowkiss: to the new baby girl.
     
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  20. DonBaldy

    DonBaldy Platinum Contributor Member For 4 Years

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    What a total dick bag!
     
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  21. Rhianne

    Rhianne Diamond Contributor ECF Refugee

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  22. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    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!


    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 [email protected]

    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!




     
    Last edited: Apr 5, 2020
  23. R3alJim Shady

    R3alJim Shady Platinum Contributor Member For 4 Years

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    The Dictator of New York clearly doesn't care about his constituents over the sound of his own voice so its our only recourse. I've also expressed my concerns to my representation only to fall in deaf ears.

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so."

    The family is healthy here thus far, but we're in Western NY and the situation hasn't gotten quite as serious as the NYC area. Best wishes to you and your family as well!

    Sent from the Death Star
     
  24. Rhianne

    Rhianne Diamond Contributor ECF Refugee

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    I’m in Queens, and it’s pretty bad now. I’m so pissed that Cuomo just snuck that ban through. We’re in an emergency here and they’ve got time to ban flavors?? :wtf:

    Plus, buying all this food and stuff all at once has been tough. And I’m worried about going out and about since I was sick this winter with some freaky flu, which may or may not have been corona. It kicked my ass, whatever it was. And I don’t want to get sick again. This situation is like out of a movie!

    Stay safe, Shady. :hug: And thanks!
     
  25. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    NEW YORK ALERT:
    Flavored Vapor Ban Takes Effect Monday, May 18, 2020
    BACKGROUND


    Tomorrow, May 18, 2020, the New York flavor ban goes into effect. As we previously reported, the flavor ban was a part of the comprehensive[​IMG] budget bill S. 7506, which was signed into law on April 3, 2020. Due to the COVID-19 crisis, typical budget negotiations were hampered among members leading to fast-track passage. Unfortunately, the new law includes language to ban flavored vapor products in New York. Here is brief summary of the key provisions of the new law taking effect tomorrow.

    NEW LAW CHANGES EFFECTIVE MAY 18, 2020

    The sale of all flavored vapor products, other than those with the taste or aroma of tobacco, are prohibited.

    The law’s definition of “flavored product” is broad and includes virtually any vapor product with any taste or aroma other than tobacco. Specifically, the law states:
    • "Flavored" means “any vapor product intended or reasonably expected to be used with or for the consumption of nicotine, with a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of such product or a component part thereof, including but not limited to tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, or any concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor but may not relate to any particular known flavor.”
    • Whether a product is flavored may also be presumed by authorities based on a retailer’s, distributor’s or manufacturer’s express or implied statement made to a consumer or the public that the product has a distinguishable taste or aroma, other than the taste or aroma of tobacco.
    The law prohibits any vapor products dealer, or any agent or employee of a vapor products dealer, from selling or offering for sale at retail in the state any flavored product intended or reasonably expected to be used with or for the consumption of nicotine. A “vapor products dealer” is defined as a person licensed by the commissioner of taxation and finance to sell vapor products in the state.

    Penalties: Any vapor products dealer, or any employee or agent of the dealer, who violates the law shall be subject to a civil penalty of not more than $100 for each individual package of flavored vapor product sold or offered for sale.
    • Manufacturers may defend themselves against such claim if the sale or offer for sale occurred without its “knowledge, consent, authorization, or involvement, direct or indirect.”
    The sale of flavored products that have received a PMTA market authorization from the FDA will be permitted to be sold and are exempted from the law. The pertinent language covering the flavor ban can be found here, starting at page 191: https://legislation.nysenate.gov/pdf/bills/2019/s7506b
     
  26. Rhianne

    Rhianne Diamond Contributor ECF Refugee

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    Snap, how does this affect online sales? So confusing to read.

    I thought menthol or mint was okay until July.

    Cuomo, you need to educate yourself about vaping. You’re risking people’s lives, and especially now during this pandemic!!
     
  27. SnapDragon NY

    SnapDragon NY VU Donator Diamond Contributor Member For 3 Years VU SWAT

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    No online or retail store can sell or ship Flavored eliquid except for Tobacco or unflavored eliquid -
    No mints or menthol those are considered flavors- just tobacco and unflavored eliquids are allowed only.
     
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  28. Rhianne

    Rhianne Diamond Contributor ECF Refugee

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    Wow. Cuomo has a lot to answer for. Good thing I don’t know how to make voodoo dolls.
     
  29. The Cromwell

    The Cromwell The Frugal Vapist VU Donator Diamond Contributor Member For 4 Years

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    Not just Cumo. It was passed by the state legislature.
     
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