NEW YORK Laws and Restrictions
Customers that reside in NY:
First, we want to thank everyone of you that have supported us over the years. So many of you all have filled our hearts and made everyday an absolute pleasure. Unfortunately, as you are probably aware, New York state has passed some very strict laws regarding vapor products that will go into effect very soon. May 18th, 2020 to be exact.
We have been down this road many times before, and if you can recall in October of 2019 it was down to THE DAY OF before it was reversed in court. Sadly, the outcome looks grim for NY as these restrictions are now an effective law.
Let’s take a look at these laws:
- Effective 45 days after being signed into law
- (Governor Cuomo signed this legislation on April 3, 2020. The flavor ban will be effective as of May 18, 2020)
- Sales of vapor products in flavors other than tobacco are prohibited.
- The prohibition does not apply to any flavored product that has received a premarket approval order (PMTA) from the Food and Drug Administration (this provision does NOT defer to the federal standard allowing manufacturers to market products for one year following FDA’s acceptance of their PMTA application).
Effective July 1, 2020
- Pharmacies are no longer allowed to sell any tobacco or nicotine product that isn’t an approved smoking cessation therapy.
- Online sales of e-liquids are banned (vapor products are folded into the same provision that bans shipment of cigarettes to consumers). This does not include components or devices. The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.
- A person other than a common or contract carrier can still transport vapor. products, but there is now a limit of 500 milliliters or 3 grams of nicotine.
- Coupons or “price reduction instruments” for tobacco products are banned.
- Vapor manufacturers must post a detailed ingredient list including a disclosure of “the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health of such product or its ingredients.” Manufacturers are also required to list “each byproduct that may be introduced into vapor produced during the normal use of such e-cigarette.” NOTE: This requirement does not apply to any other tobacco product.
- Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City).
Unfortunately, the verbiage stating that products approved by the FDA are allowed to be sold, is not an allowance of any product due to the fact the FDA has NOT approved, or has even stated if and when they would approve any vapor product. Also, we would like to note that these rules were not voted on, not allowed public comment or debate as it was snuck into the state budget instead of a traditional regulatory pathway.
This sickening dystopian, overreaching, and unconstitutional enforcement is something we feared for a long time, but never thought it would actually happen.
If you are just as pissed as we are, remember this on election day for your governor.
What does this mean for N3vapor and you?
Our mission to help customers like you not succumb to the grip of combustible tobacco has not changed. We will continue to provide to you products and services as long as we are allowed however as you can see we do have a clock hanging over our heads and strict penalties. That said, we are forced to enact some changes.
Anticipating this sort of outcome years ago we have multiple plans in place and practiced to legally still provide our services. N3Vapor will NOT be closing it’s doors, however there will be some significant changes.
All flavored ejuice online orders effective May 18th will be fulfilled outside of NY state. We will still provide immediate shipping of our products to customers in NY until July 1st as the law is currently worded however we will not be allowed to ship flavors to NY other than tobacco flavors. We will update this page closer to that timeframe as it draws near. After July 1st all online sales to NY customers will cease.
As for the physical stores in Olean and Hornell we are not announcing any closures, however we must stress that your patronage will be vital for the survival of these locations and will be in the hands of the local market demand. You will still be able to purchase all hardware and tobacco flavored ejuice only.
Rewards points- Our rewards system has been a customer and staff favorite for years. Unfortunately, the law is very clear about this and unfortunately the rewards program will be disabled in the physical stores. Since the website will not be present in NY state, the rewards program will continue for online purchases.
This news may be alarming and while the possibility exists that something may change it would be ignorant to not plan accordingly.
We highly suggest all NY customers to stock up as much as possible on their favorite flavors before May 18th
The N3Vapor team