Suffolk lawmakers move to close loophole letting stores skirt NY's flavored nicotine ban
Suffolk Legis. Stephanie Bontempi, who sponsored the bill, said access to illegal nicotine products has been an "ongoing issue" in her district. Credit: Rick Kopstein
Suffolk lawmakers intend to close what they call a loophole in state law they claim allows retail businesses to discreetly sell flavored liquid nicotine products that have been banned statewide.
A pending bill would prohibit businesses from storing banned liquid nicotine products as well as prohibit the non-retail sale, distribution and shipping of the products with any other business in Suffolk County.
According to the legislation, the presence of these products creates “a situation that is ripe for illicit activity.”
Legis. Stephanie Bontempi (R-Centerport) sponsored the bill to add further definitions into the county code that regulates tobacco products after discussing the issue with the Suffolk County Department of Health. She said access to illegal nicotine products has been an "ongoing issue" in her district and sought a meeting with health officials so they could "explain exactly what the issue is."
She said the loophole allows businesses to purchase flavored liquid nicotine online and they can claim they intend to sell the product to another licensed business.
“But in fact, they’re storing them and then they have the flavored vapes behind the counter” for sale, she said in an interview, recalling her conversation with health officials.
State law does prohibit shipment of flavored nicotine products to consumers and unlicensed businesses.
Paulette Orlando, community engagement specialist for the Tobacco Action Coalition of Long Island, said at a recent committee meeting there could sometimes be different signals, like a “code word,” that people use to ask for the banned product at the retail businesses. The Tobacco Action Coalition of Long Island is a program of the American Lung Association.
During the committee meeting, Orlando told lawmakers how research shows vaping can increase the risk of smoking conventional cigarettes.
“Communities across Long Island remain concerned about ongoing health risks stemming from compliance gaps in current legislation,” she said.
Legislators at Wednesday's Labor and Consumer Affairs Committee meeting in Smithtown voted to send the bill to a public hearing.
“We're hoping that it will prevent these store owners from even storing them on their premises,” Bontempi said.
The proposed law doesn’t change fines or enforcement mechanisms, Bontempi said.
In a statement to Newsday, Suffolk Health Commissioner Dr. Gregson Pigott said the bill will give the department "the authority to issue notices of violation related to the receipt or storage of flavored products."
Currently, state law only allows penalties related to the retail sale of the products, he added.
In 2020, New York banned flavored vaping products to reduce vaping by minors. Flavorless vape liquids or ones that taste like tobacco were still permitted.
According to the American Lung Association, most kids are unaware that the chemicals in e-cigarettes are addictive.
Bontempi said the hope is without flavored products, there’s a lower chance of teens and young people “abusing this kind of stuff.”
In September, Gov. Kathy Hochul announced a crackdown on New York’s vape industry, resulting in more than a dozen arrests and 38 criminal charges, including against two Long Island businesses. A news release said “bad actors” exploit online platforms to sell product directly to people’s homes and target minors.
In February, New York Attorney General Letitia James filed a federal lawsuit against several vaping manufacturers, distributors and retailers for illegally marketing products like flavored e-cigarettes to underage consumers, Newsday previously reported.
There is currently legislation pending in both the State Senate and Assembly to further regulate liquid nicotine products.
Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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