A 273: Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval; imposes penalties of not less than ten thousand dollars for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 273 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the sale or distribution of electronic cigarettes without federal food and drug administration premarket order of approval The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 1399-cc-1 to read as follows: 3 § 1399-cc-1. Sale or distribution of electronic cigarettes lacking 4 federal food and drug administration premarket order of approval prohib- 5 ited. 1. The sale or distribution by an establishment of an electronic 6 cigarette is prohibited where the electronic cigarette: 7 (a) is a new tobacco product; 8 (b) requires premarket review under 21 U.S.C. § 387j, as may be 9 amended from time to time; and 10 (c) does not have a premarket review order under 21 U.S.C. § 11 387j(c)(1)(A)(i), as may be amended from time to time. 12 2. Any person, firm, corporation, partnership, association, limited 13 liability company, or other entity that violates the provisions of this 14 section shall be subject to a civil penalty of not less than ten thou- 15 sand dollars per violation, recoverable in an action by the attorney 16 general or by any enforcement authority designated by any municipality 17 or political subdivision. 18 § 2. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01276-01-5