New York Attorney General Letitia James last week took decisive action to crack down on the proliferation of illegal flavored disposable vapes that – despite being banned five years ago — have been sold across this state and nation with virtual impunity.
This suit filed against the manufacturers and distributors of these banned products is a welcome development and the strongest effort to date to stop the flow of these illegal vapes.
However, in tandem with action in the courts, there needs to be a strong, coordinated law enforcement strategy to go along with it.
Despite being outlawed since 2020, the unchecked sale of illegal flavored vapes continues to thrive unchecked across New York due to a lack of enforcement by state and federal regulators.
This has caused significant public health concerns, particularly amongst our youth, as these brightly colored, candy-flavored disposable vapes have flooded the shelves of smoke shops across New York.
The New York Association of Convenience Stores (NYACS) represents small businessowners who sell tobacco and other age-restricted products such as beer and lottery tickets, and take the responsibility of selling legal products to age-appropriate customers very seriously.
However, numerous bad actors, who do not adhere to the stringent ID policies that NYACS members do, continue to flood the marketplace with these illegal, disposable vapes. Many New Yorkers do not even know that these products are illegal, as they are so widely available.
The FDA, which has promised to prioritize enforcement, has done little beyond issuing warning letters to manufacturers like Elf Bar and Esco Bar. These products are manufactured in China with very little regulatory oversight.
At the state level, laws are meaningless without enforcement. Failing to act now will only allow the problem to continue to spiral further out of control. Without strong enforcement, these products will continue to find their way into the hands of consumers and the state will continue losing millions in revenue to untaxed sales.
This is not a new phenomenon. New York City already leads the nation in cigarette smuggling, with roughly 60% of cigarettes consumed in the state coming from illegal sources. The same pattern is now unfolding with disposable vapes.
Yes, this hurts our members’ bottom line as a significant part of their business (and foot traffic) is nicotine-related sales, but there is an even larger issue at play. When legal businesses are undercut by illicit operators who ignore ID laws and tax regulations, our kids are put at risk and everyone suffers.
In comparison, New York legalized cannabis in 2021 and in the years following, moved with considerable manpower to address the influx of illegal cannabis shops – and to no one’s surprise – saw almost immediate success.
The state can and should use the same strategy to target illicit flavored vape dealers. It is clear that when resources are allocated for enforcement, illicit products can be removed from the market. So, why aren’t the same resources available to enforce the sale of illegal vapes?
From Brooklyn to Buffalo, these illicit products are not hard to find. The 2023 National Youth Tobacco Survey revealed an alarming trend: middle school vaping rates are rising, with foreign, illegal brands like Elf Bar dominating the youth market.
More than 1.16 million underage users now use these illegal products, and yet federal, state, and local enforcement efforts are nowhere to be found.
It is time for a fully funded, government-led crackdown on the importation, distribution, and sale of illegal nicotine products. Anything less is a failure of leadership and a disservice to the hard-working small business owners in New York who pay their taxes, verify IDs for age-restricted products, and are pillars of their communities.
The message is clear: without swift and decisive enforcement, legitimate businesses will continue to be hurt, access to these illegal products will continue, and illicit dealers will continue to operate with impunity and not pay taxes. New York cannot afford to wait any longer. It’s time to eradicate this illicit market and protect New Yorkers from the dangers of unlawful illegal flavored vape sales.
Alison Ritchie is the President of NYACS, an organization that represents nearly 8,000 stores and more than 127,000 employees across New York State.
