The BARS Program Blog

New York Moves Towards New Rules on Vaping: Sign of a General Trend?

The question of whether to treat e-cigarettes/vaping products as similar to or distinct from tobacco products seems to be moving towards an answer. New York state senators recently passed a measure classifying vaping products under cigarette-smoking laws; it is now expected to pass in the Assembly as well. 

Though the FDA initially decided to treat vaping products like tobacco products, there was major pushback against this regulation by producers of vaping products. We reported on a lawsuit by the Right to Be Tobacco-Free Coalition and Nicopure Labs against the FDA late last year, but no decision has been made yet in that case. In the meantime, the move in New York seems to suggest support for the FDA’s position at the state level. 

What does this mean for retailers selling vaping products? At this point, consider it a very strong possibility that you will sell and handle vaping products the same as tobacco products. You should also communicate the possibility of these rules to all of your employees who vape. 

Time will tell exactly how the rules play out, but we always like our clients to proactively protect themselves by preparing for the strictest version of the rules. If you have any questions about how these measures impact your business, please contact us at customerservice@barsprogram.com or 1-877-540-5500.