By Forum Staff
Governor Kathy Hochul on Wednesday announced the largest criminal vape enforcement action in State history, resulting in over a dozen arrests and a total of 38 criminal charges for illegally shipping vaping products in violation of state law. Led by the Department of Health in partnership with State troopers, targeted businesses and their owners that operate online vape shops and distribution networks located across the New York.
Based on a months-long investigation by the DOH Bureau of Investigations that included undercover online buys, the State Police charged the vape dealers with unlawful shipment and transport of vapor products, a class A misdemeanor. According to the Public Health Law, any second or subsequent unlawful shipment and transport of vapor products following a conviction would be a class E felony. Many of the illicit shipments included bright-colored disposable e-cigarettes and e-liquids in flavors that appeals to adolescents, such as fruit, candy, soda and dessert flavors, marketed through websites, social media and mobile apps. Some included disposable vapes that come equipped with digital display screens and other tech-savvy features similar to smart phones, handheld video games and other electronic devices popular among children, teens and young adults.
Enforcement highlights:
- 12 businesses targeted for unlawfully shipping vapor products in New York in connection with online sales.
- 28 criminal charges filed to date; 10 further charges pending.
- Additional arrests and arrest warrants planned this week.
The impacted businesses, some with brick-and-mortar stores open to the public, are located throughout NYC, Western New York, Central New York, Mohawk Valley, the Capital Region, and Long Island.
The State Police probe is ongoing as to the 12th distributor identified by the investigation, with charges expected.
In New York, it is illegal to sell flavored vapor products at retail, sell vapor products to anyone under 21 years old, and to ship, or cause to be shipped, vapor products to consumers and unlicensed businesses. Public Health Law prescribes various civil and criminal penalties for violations.
Despite the law, bad actors have continued to exploit online platforms to deliver products directly to New York homes, often bypassing age verification and targeting minors.
“These companies built their business models around breaking New York’s laws and targeting our kids—now, we’re holding them accountable,” Hochul said. “With the largest criminal vape enforcement operation in state history, New York is sending a message: if you sell vapor products in violation of our laws, you will face serious consequences.”
State Health Commissioner James McDonald, M.D., added, “The widespread availability of e-cigarettes and vapor products poses significant public health challenges, with particularly alarming consequences for adolescents such as addiction and damage to their developing brains and lungs. These arrests are a direct result of the State’s dedication to decreasing vaping, especially among young people. Thanks to the work of the Department’s Bureau of Investigations and our partners at the Schenectady County District Attorney’s Office and the New York State Police, we are making it clear that violating laws meant to protect the health of New Yorkers, and children in particular, will not be tolerated.”
