Cracking Down On Illegal Vape Sales

Governor Kathy Hochul today announced the largest criminal vape enforcement action in New York 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. The sweeping crackdown on the vape industry in New York, led by the New York State Department of Health in partnership with the New York State Police, targeted businesses and their owners that operate online vape shops and distribution networks located across the state, from Western New York to Long Island.

“These companies built their business models around breaking New York’s laws and targeting our kids — now, we’re holding them accountable,” Governor 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.”

Based on a months-long investigation by the Department of Health’s Bureau of Investigations that included undercover online buys, the New York 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.

The defendants are presumed innocent unless and until proven guilty in a court of law.

New York State Health Commissioner Dr. James McDonald said, “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.”

New York State Police Superintendent Steven G. James said, “Illicit business practices are simply not fair to owners who have followed the law and made substantial investments in their businesses. Several unlawful shipments of vape products are landing in the hands of buyers under the age of 21, posing a threat to their health and safety. This will simply not be tolerated in New York State. I thank Governor Hochul and the Department of Health for heightening our efforts to halt these unauthorized transactions and safeguard New Yorkers and our communities.”

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 Western New York, Central New York, Mohawk Valley, the Capital Region, New York City and Long Island. They include the following:

New York City

• Shindler Distribution d/b/a Vaporush (Manhattan)
• ePuffer (Manhattan & Brooklyn)
• Vape4Style (Brooklyn)
• Beyond Vape (Bronx)
• NYC Glass 718 (Staten Island)

Long Island

• JPL Development Inc. d/b/a Vaperdudes
• Shinnecock Vape Shop

Capital Region

• Nicless Vape (Albany & Fulton Cos.)
• Vape More d/b/a Delta 8 Geek (Albany, Fulton and Warren Cos.)

Western New York

• Wet Vapes (Erie & Niagara Cos.)

Central New York/Mohawk Valley

• Adirondack Vapor (Oneida Co.)

Investigation by New York State Police is ongoing as to the twelfth distributor identified by the investigation, with charges expected.

In New York State, 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.

As students across New York prepare to return to the classroom, Governor Hochul emphasized this historic enforcement action is part of a broader strategy to protect health and safety this school year.

This latest enforcement builds on Governor Hochul’s broader commitment to protect young New Yorkers from the dangers of vaping and tobacco. At the state level multiple measures have been put in place to strengthen prevention and enforcement, including:

• Raising the legal age to 21 for the sale of tobacco and vaping products statewide, cutting off access for high school students.
• Increasing the state cigarette tax by $1 per pack, effective September 1, 2023, to make smoking and vaping less affordable and less attractive to youth.
• Directing settlement funds from JUUL Labs toward education, prevention and enforcement initiatives across New York, with millions of dollars supporting schools and local health agencies.

In addition to law enforcement actions, the New York State Department of Health continues to lead prevention and cessation efforts to reduce youth vaping and support New Yorkers who want to quit. These initiatives include school-based education, public awareness campaigns and tailored quit resources for both adults and teens. New Yorkers seeking help quitting can access the following free resources:

• NYS Quitline: Call 1-866-NY-QUITS (1-866-697-8487) or visit nysmokefree.com
• Text Support for Teens and Young Adults to Quit Vaping: Visit DropTheVape.com to get free, 24/7 confidential support and advice.
• OASAS HOPEline: Call 1-877-8-HOPENY (467369) or text HOPENY (467369) for support with nicotine or other substance use challenges