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New York Vape Ban & Vape Laws (NY)

Compiled by Nathan Shaw. Last reviewed October 2026. Source data as of June 15, 2025. How we source this

Partly. New York does not run a vape product directory, but flavored vapes, including menthol, are banned. A state vape excise tax applies. This page covers the New York vape ban rules, flavor restrictions, taxes, youth access and local city or county limits, as of October 2026.

Vape ban: Partly
Type of ban: No product ban yet
Flavored vapes: Flavor ban, including menthol
Vape tax: 20% of retail
Vape Hate score: 45/100 Moderate

The Vape Hate score is our own rating, not an official one. It counts what a state bans: up to 50 points for restricting which products can be sold, 30 for flavor bans and 20 for tax. The higher the number, the harder that state makes it to buy and use a vape. How we score this

Flavor ban, including menthol

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of June 15, 2025). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor Bans in New York

Statewide ban on flavored e-cigarettes, including menthol, since May 2020. Tobacco-flavored products and products with an FDA marketing order are allowed.

Vapor products can only be shipped to registered dealers, so online orders can't be delivered to individual consumers.

Local Vape Laws in New York

Statewide ban already covers flavored e-cigarettes. New York City and several localities have additional rules.

New York City: Local Law 228 of 2019 (approved Dec. 16, 2019) bans sale of flavored electronic cigarettes and flavored e-liquids; took effect the first day of the month after 180 days (July 1, 2020). Flavored tobacco products (non-cigarette) limited to tobacco bars (N.Y.C. Admin. Code § 17-715; intro.nyc Local Law 2019-228).
Yonkers: ban on flavored e-liquid/e-cigarette sales (Yonkers Ord. 8-2019; PHLC June 2026).
Nassau County / Hempstead: additional local/buffer rules noted by Truth Initiative (Q1 2026).

Truth Initiative (Q1 2026): 5 New York jurisdictions including statewide. CTFK lists 2 localities (NYC, Yonkers) in its locality table (state policy separate).

New York Vape Tax

Map summary: 20% of retail

A tax of 20% of retail price is imposed on all vapor products.N.Y. Tax Law § 1181 (2025)

New York Vaping Age and Youth Access Laws

Sale/distribution of e-cigarettes, vapor products or liquid nicotine to persons under age 21 prohibited.N.Y. Pub. Health Law §§ 1399-bb(4), (5), 1399-cc(2) (2025)
Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and locations restricted to persons at least 21 years of age.N.Y. Pub. Health Law § 1399-cc(7) (2025)
Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 21, the products must not be accessible to the general public and must be visible to and under the direct control of person in charge.N.Y. Pub. Health Law § 1399-dd (2025)
Sale of flavored vapor products intended to be used for the consumption of nicotine prohibited.N.Y. Pub. Health Law § 1399-mm-1(2) (2025)
Sale by pharmacies of vapor products to be used for the consumption of nicotine prohibited.N.Y. Pub. Health Law § 1399-mm-2(1) (2025)
Vapor product dealers prohibited from shipping vapor products intended to be used for the consumption of nicotine to unauthorized persons in the state.N.Y. Pub. Health Law § 1399-ll(1-a) (2025)
Common or contract carriers prohibited from knowingly transporting vapor products intended to be used for the consumption of nicotine to any unauthorized person in the state.N.Y. Pub. Health Law § 1399-ll(2) (2025)
Shipments of vapor products intended to be used in the consumption of nicotine must be clearly labeled as “vapor product” if shipped in something other than the manufacturer’s original container or wrapping.N.Y. Pub. Health Law § 1399-ll(3) (2025)
Vapor product dealers prohibited from distributing vapor products intended to be used for the consumption of nicotine without charge and price reduction instruments for such products.N.Y. Pub. Health Law § 1399-bb(1) (2025)
Retailers prohibited from engaging in discount sales (including, but not limited to, coupons, multipack discounts) of vapor products (with some exceptions).N.Y. Pub. Health Law § 1399-bb(1-a), (3) (2025)
Advertisements for electronic cigarettes and vapor products intended to be used for the consumption of nicotine prohibited from display in store fronts, exterior windows and doors of stores within 1,500 feet of a school (except that in New York City, this provision applies to stores within 500 feet of a school).N.Y. Pub. Health Law § 1399-dd-1(2) (2025); N.Y. Gen. Bus. Law § 396-aaa(2) (2025)

New York Vape Shop License Requirements

Yes.N.Y. Tax Law § 1183 (2025) (certificate of registration)

New York Vape Packaging and Labeling Rules

Liquid nicotine (“electronic liquid”) must be sold in a child resistant bottle.N.Y. Gen. Bus. Law § 399-gg(1) (2025)
Manufacturers (person or company that produces, prepares, or compounds a vapor product or e-cigarette) must publish detailed information about each product, including a list of ingredients, potential health effects of each, and byproducts that may be produced in the vapor during normal use.N.Y. Pub. Health Law § 1701(1) (2025)

Online Vape Sales and Delivery in New York

Vapor product dealers prohibited from shipping vapor products intended to be used for the consumption of nicotine to unauthorized persons in the state.

Shipments of vapor products intended to be used in the consumption of nicotine must be clearly labeled as “vapor product” if shipped in something other than the manufacturer’s original container or wrapping.

New York Indoor Vaping and Smoke-Free Laws

E-cigarette use prohibited where smoking is prohibited, including, but not limited to indoor areas such as workplaces, restaurants, mass transit, hospitals, schools and dorms, and outdoor areas, such as railroad stations, hospital, library and school grounds (with some exceptions) N.Y. Pub. Health Law §§ 1399-n(9) (definition of vaping), 1399-o; 1399-q (2025) (exceptions), most playgrounds (with certain restrictions) N.Y. Pub. Health Law § 1399-o-1(1) (2025), and in child care vehicles when transporting children. N.Y. Comp. Codes R. & Regs. tit. 18, § 415.13(b)(5)(ix) (2025)

E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property.N.Y. Comp. Codes R. & Regs. tit. 21, § 1151.9 (2025)
E-cigarette use restricted similar to smoking on Rochester-Genesee Regional Transportation Authority property.N.Y. Comp. Codes R. & Regs. tit. 21, § 4901.4(a)(10) (2025)
“Vaping” restricted similar to smoking on Syracuse Regional Airport property.N.Y. Comp. Codes R. & Regs. tit. 21, § 176.3(i) (2025)
Use of electronic cigarettes restricted similar to smoking on property of Long Island Railroad Company, Metro-North Commuter Railroad, Staten Island Rapid Transit Authority, and NYC Transit.N.Y. Comp. Codes R. & Regs. tit. 21, §§ 1097.5(o), 1085.5(o), 1040.5(o), 1050.7(b) (2025)
Use of electronic cigarettes restricted to designated areas within Hudson River Park.N.Y. Comp. Codes R. & Regs. tit. 21, § 751.4(v) (2025)

How New York Defines a Vape

Included in a “tobacco product” definition in at least one statute?

No.

How the jurisdiction defines e-cigarettes / related terms (excerpts):

Retail Restrictions

Electronic cigarette (or e-cigarette) means “an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.”N.Y. Pub. Health Law § 1399-aa(13) (2025)
Vapor products means “any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel.”N.Y. Pub. Health Law § 1399-aa(17) (2025)
Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette.”N.Y. Pub. Health Law § 1399-cc(1)(e) (2025)
Vaping means “the use of an electronic cigarette.”N.Y. Pub. Health Law § 1399-n (9) (2025)

Tax

Vapor product means “any non-combustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured in to a finished product for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaping pen, hookah pen, or other similar device.”N.Y. Tax Law § 1180(a) (2025)

Official New York Vape Law Sources

Public Health Law Center — New York 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.

Frequently asked questions

Is there a vape ban in New York?

Partly. New York does not run a vape product directory, but flavored vapes, including menthol, are banned.

Are flavored vapes banned in New York?