Suffolk bill that bans sale of vape pens in disguise set for public hearing

A Suffolk County bill that bans vaping products disguised as school supplies and personal items is set for a Dec. 5 public hearing after the measure stalled earlier this week.

The legislation forbids the sale of e-cigarette devices resembling highlighters, USB drives, ballpoint pens, smartphone cases, smartwatches and backpacks. County lawmakers voted Tuesday to recess a public hearing that day after the bill's sponsor, Legis. Jim Mazzarella (R-Moriches), said it needed some tweaks. Mazzarella said he wants to make sure the legislation aligns with state law, including its definition of smoking and that a violation could result in a business losing its county license.

In August, the U.S. Food and Drug Administration issued warning letters to 15 online retailers for selling and/or distributing unauthorized e-cigarette products packaged to look like youth-appealing characters, school supplies, toys and drinks. It's illegal to sell vape pens to people under the age of 21. 

Mazzarella has said the products have not been found in Suffolk but can be ordered wholesale and could show up on store shelves. The law would apply to in-store sales, with first-time violators facing a $1,000 fine.

Kent Sopris, president of the New York Association of Convenience Stores, an Albany-based trade group, said the organization backs the bill and the county should commit to enforcing it.

“We do support getting rid of those products and have supported it for a long time,” Sopris said. “But it takes more than just saying, ‘Here's a law that's banning these products.’ What’s the next step?”

Sopris pointed to Westchester County, which has ramped up enforcement and in August said it confiscated hundreds of illegal vaping products from one retailer.

In Suffolk, William Floyd School District Board of Education president April Coppola said the district supports the legislation. The district, with around 3,000 high school students, has disciplined about six per month this school year for vaping, spokesman James Montalto said in October. The students are suspended for two days, he said.

“The legislation, if enacted, will be successful in preventing easy access to these items in Suffolk County, and help curb the glamorization and normalization of vaping among minors, ultimately promoting a healthier environment within our schools and community,” Coppola wrote in a letter to the county legislature.

The legal age to vape and smoke was raised to 21 nationwide in 2019.

New York State in 2020 banned the online sale of vape products.

In 2022, about one in 10, or 2.55 million, U.S. middle and high school students used e-cigarettes at least once within 30 days of being surveyed, including 3.3% of middle school students and 14.1% of high school students, according to the U.S. Centers for Disease Control and Prevention. Most e-cigarettes contain nicotine, which can harm adolescent brain development and lead to addiction, according to the CDC.

Tobacco vaping among high school students fell significantly between 2022 and 2023, nationwide data shows.

Ten percent of high school students used tobacco e-cigarettes within the previous 30 days, compared with 14.1% in 2022, according to data published Nov. 2 in the CDC's Morbidity and Mortality Weekly Report.