Local and state laws went into effect in 2020 that prohibit sales of flavored e-cigarettes statewide. Critics say renegade retailers continue to sell these illegal products because of legal loopholes such as retailers being able to refuse inspections.

They also say these stores claim their stock of flavored vapes are going to be sold outside of New York state. They say they’re also selling products marketed as non-menthol that have a cooling sensation.   

New legislation being proposed by State Sen. Brad Hoylman-Sigal and Assemblymember Linda Rosenthal would allow the Department of Taxation and Finance to suspend, revoke or cancel a vapor product dealer’s Certificate of Registration for unauthorized sales. They’d also face penalties for not allowing inspections. 

Meredith Berkman is the co-founder of Parents Against Vaping: 

“We had a program where we sent volunteers across the city...of the 300 or so stores that we sent volunteers into, more than 70% of them were selling illegal flavored vapes. That is absurd and it’s important to close those loopholes and give the authorities better ability to enforce the law because a city without laws cannot thrive,” she told News 12 New York.  Berkman says her organization is fighting this in Albany.