Close the E-Cigarette Loophole: Health Groups Urge NY Lawmakers

Leading health organizations in New York State are renewing their call for passage and enactment of legislation that will include e-cigarettes in New York State’s Clean Indoor Air Law.

This follows the Food and Drug Administration’s (FDA) announcement that they will provide oversight on e-cigarettes as well as several other tobacco products.

The bill subjects e-cigarettes to New York State’s Clean Indoor Air Act, prohibiting their use in all workplaces, including restaurants and bars, and other places that do not allow smoking. When enacted, this law will protect bystanders against secondhand exposure to nicotine and other potentially harmful chemicals found in e-cigarettes. It will also help ensure that enforcement of the existing smoke-free law is not compromised, and that the public health benefits of smoke-free laws are not undermined.

The FDA recently took an important step in announcing that they will regulate e-cigarettes," said Senator Kemp Hannon (R-Nassau), one of the bill's co-sponsors, in a written statement. "I applaud the FDA for taking this long awaited step. In addition, many localities have enacted measures to include e-cigarettes within their clean indoor air laws. My legislation is necessary to protect the rights of nonsmokers statewide who do not wish to be exposed to the chemicals emitted by these devices. We must take a stand now to protect the health of all New Yorkers.”

The bill was welcomed by 13-year-old Jennifer Mentzer, a member of Reality Check Youth working with Tobacco Free Action Communities (TFAC) in Ulster, Dutchess, Sullivan HealthAlliance of the Hudson Valley.

“Just the other night I was in a movie theater when two kids started smoking an e-cigarette, and none of the staff asked them to stop," Mentzer said. "This was shocking to me! What is even more shocking is that most of the schools in my area do not even have a rule against e-cigarettes. It is time for a change. It is time for us to protect our next generation.”

The members of the coalition look forward to working with legislative leaders and Governor Cuomo to pass and enact this bill.

The organizations include: The American Cancer Society Cancer Action Network (ACS CAN); American Heart Association/American Stroke Association (AHA); American Lung Association (ALA); The Medical Society of the State of New York (MSSNY); Campaign for Tobacco Free Kids (TFK) ; Roswell Park Cancer Institute; Memorial Sloan Kettering Cancer Center; New York Health Plan Association (HPA); County Health Officials of New York (NYSACHO); New York Chapter American College of Physicians; Americans for Nonsmokers’ Rights; New York State Academy of Family Physicians; and New York State Public Health Association; New York State American Academy of Pediatrics.