Call to Action! New York City Ordinances Would BAN Flavored E-Cigarettes And More — Int 1020-2013 & Int 1021-2013

This is a syndicated post, which originally appeared at CASAA. View original post.

A hearing on both bills before the New York City Health Committee is scheduled for May 2, 2013 at 1:00 pm at 250 Broadway, Committee Room, 16th Floor in New York City. Please e-mail us if you can attend.

New York City: Ordinances to BAN Flavored E-Cigarettes, Define E-Cigarettes as Tobacco Products, Require Tobacco Licensing, and BAN the Public Display of E-Cigarettes and Smokeless Tobacco (Int 1020-2013 & Int 1021-2013)

[legislative tracking and full text for 1020-2013]
[legislative tracking and full text for 1021-2013]

If enacted, these ordinances would:
– Redefine “tobacco products” under New York City law to include e-cigarettes and related components, parts, and accessories (both ordinances)
– Ban the display of e-cigarettes and smokeless tobacco in retail stores (Int 1020-2013)
– BAN the sale of e-cigarettes or e-liquid in flavors other than tobacco, menthol, mint and wintergreen in areas other than age-restricted tobacco bars. (Int 1021-2013)
– Require e-cigarette retailers to obtain a wholesaler and/or retailer tobacco license (Int 1021-2013)
– Mandate that e-cigarette products and parts, components, and accessories only be sold in their original packaging (Int 1021-2013)

A hearing has been scheduled on both ordinances for Thursday, May 2, 2013 at 1 PM.  CASAA is urging all its members in New York City and its surrounding areas to attend.  If attending, please arrive 30 minutes early and sign up to speak with the Sergeant at Arms.  Please e-mail us at if you plan to attend.

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New York City Residents:  It is very important that in addition to contacting the members of the Health Committee that you also contact your own representative in the New York City Council.  Click here to find out who represents you. 

Please Contact the Members of the New York City Health Committee Below

1. Please reject Int 1020-2013 and Int 1021-2013 because it would redefine “tobacco products” under New York City law to include smoke-free electronic cigarettes. 

2. Explain that if the New York City Council wishes to regulate e-cigarettes, it should be done through a standalone ordinance.  As is, there has been zero media coverage of the fact that these ordinances would ban sales of certain electronic cigarettes.  This is an end runaround the legislative process.

3. If you use e-liquid that has a pleasant flavor added (such as fruit, candy, beverage), tell the members of the Health Committee that this has helped you quit smoking and describe how.  Further explain that a recent study in the Journal of Adolescent Health could not find a single nonsmoking youth who had tried an electronic cigarette, let alone a flavored electronic cigarette. 

4. Explain that the electronic cigarettes are far less harmful than cigarettes, and that many former adult smokers have quit smoking by switching to less harmful alternatives, including products that contain flavors.  These ordinances would harm public health by discouraging smokers from switching.

5. Note that e-cigarettes are NOT traditional tobacco products, and that the licensing laws of New York City are not appropriate for the sale of a product like e-cigarettes.

6. Tell the council members that the tobacco display ban will almost certainly be declared unconstitutional under the 2001 U.S. Supreme Court ruling of Lorillard v. Reilly. Furthermore, because these proposed laws do not seek to restrict the advertising of tobacco products, passage of these ordinances will do absolutely nothing to prevent children from being exposed to tobacco marketing.

7. Direct them to the website for more information. 

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Members of the New York City Health Committee

Comma delimited email list:,,,,,,,,,,

Hon. Maria Del Carmen Arroyo (District 17) (D – Bronx)

Hon. Inez E. Dickins (District 9) (D – Manhattan)

Hon. Mathieu Eugene (District 40) (D – Brooklyn)

Hon. Julissa Ferreras (District 21) (D – Queens)

Hon. Helen D. Foster (District 16) (D – Bronx)

Hon. Joel Rivera (District 15) (D – Bronx)

Hon. Rosie Mendez (District 2) (D – Manhattan)

Hon. Deborah L. Rose (District 49) (D – Staten Island)

Hon. Peter F. Vallone, Jr. (District 22) (D – Queens)

Hon. James G. Van Bramer (District 26) (D – Queens)

Hon. Albert Vann (District 36) (D – Brooklyn)
718-919-0740 or 718-919-0741

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