New York State raises tobacco and vaping age to 21

On Wednesday November 13th, the minimum age to buy tobacco products or e-cigarette products was raised from 18 years old to 21 in New York State. This change comes as a result of Gov. Andrew Cuomo's push to fight back against teenage smoking and vaping. Also a factor was the rising number of cases involving adverse health effects as a result of vaping, including 2 deaths in New York that were linked to vaping.

Police departments across New York State are aiding in the states goal of reducing teenage smoking and vaping by conducting undercover stings on businesses who sell to minors.

Governor Cuomo signed off on the bill (S.2833/A.558) July 16th of this year. He said in a press release; "By raising the smoking age from 18 to 21, we can stop cigarettes and e-cigarettes from getting into the hands of young people in the first place and prevent an entire generation of New Yorkers from forming costly and potentially deadly addictions."

Many college students aged 18-20 are stuck in the position of having been able to legally buy vaping and tobacco products for a period of time, and now being unable to in the face of the ban. SUNY Oswego student Robbie Wilson remarked, “Pushing up the age restriction might have an effect on highschool students, however, college students have their ways of purchasing tobacco from older students in the college. The same thing is done with alcohol, if they want it bad enough, they will get it.” He also expressed dissatisfaction that his freedoms were being infringed by the new age limit, but that such a change may help keep products out of the hands of highschoolers.

The New York Department of Health found that 27% of high schoolers in the state used an e-cigarette, and in September New York State became the first state to sign a bill that would ban the sale of flavored e-liquids. This decision was met with pushback from NYSVA, a trade group representing 700 vaping related businesses across New York. The group argued that such a ban would cut thousands of jobs, and force smokers who used vaping as a means to quit smoking, to turn back to traditional cigarettes. The bill was set to take effect October 4th, but the regulation was held up in court and its current fate is murky. However, New York City is poised to enact a similar ban.

Similarly, a spike in vaping related illnesses caused the Trump administration to come out against vaping, and explored the possibility of banning flavored e-juice nationwide. President Trump said “We have a problem in our country. It's a new problem. It's a problem nobody really thought about too much a few years ago, and it's called "vaping" -- especially vaping as it pertains to innocent children.” The current status of a change in the federal policy involving vaping is unclear, as the administration has seemed to back off from a drastic change like a ban, and move towards raising the age nationwide instead.

President Trump hosted meetings with various groups representing vaping companies, and noted that prohibition of e-juice could lead to new problems, saying “When you watch prohibition, when you look at the alcohol, you look at cigarettes, you look at it all, if you don’t give it to them, it’s going to come here illegally,” Trump said on Friday. “That’s the one problem I can’t seem to forget.” also noting, “Now, instead of having a flavor that’s at least safe, they’re going to be having a flavor that’s poison. That’s a big problem”

Originally published in the Fulcrum, December 2, 2019.