In 2020, New York State took decisive action against the youth vaping epidemic by banning flavored e-cigarette products — the very products that attract young people and fuel addiction. New York City had previously taken a similar step. These policies are some of the strongest in the nation, reflecting a clear understanding of the dangers posed by flavored vapes. Yet, despite these bold laws, flavored e-cigarettes remain widely available, and our children remain at risk.
As Americans, we’re expected to participate and uphold democracy. We organize, campaign, and protest for laws to be changed that will serve the interest of our society. We vote for politicians to uphold and create legislation that fits the needs of our society. This structure loses validity when legislation is not implemented. When our government picks and chooses which laws to uphold, we as citizens question if our concerns matter.
Particularly when we continue to see a lack of care for our health being pushed aside to allow capitalism and business to make money. We cannot sacrifice our children’s wellbeing just so the vaping industry can make money.
The reality is simple: our laws are not being enforced.
The numbers tell a troubling story. In 2021, 11.1% of New York City public high school students reported currently using e-cigarettes. This generation of teenagers, introduced to flavored vapes in their early years, are now becoming young adults, and we are seeing rates of adult use rise alongside them.
According to the 2023 National Youth Tobacco Survey, e-cigarettes remain the most commonly used tobacco product among both middle and high school students for the tenth consecutive year. Flavored vapes remain especially popular, with fruit, cola, and dessert flavors enticing kids into nicotine addiction.
This problem has not gone unnoticed. A Siena College poll conducted earlier this year found that 53% of New Yorkers believe authorities are doing a “fair” or “poor” job enforcing the state’s flavored vape ban. Only 27% of residents described enforcement efforts as “good” or “excellent.” At the same time, an overwhelming 60% of New Yorkers support the ban on illegal flavored disposable vapes, compared to just 27% who oppose it. New Yorkers want action, and they are right to demand it.
A key issue, the influx of flavored vapes snaring children are not approved for sale anywhere in the country and are manufactured by foreign companies. Nearly all e-cigarettes originate from factories in Shenzhen, China, where a lack of oversight allows for products with dangerously high levels of nicotine and other potentially dangerous materials to flood the market. These vapes are often designed to look like toys, feature cartoon packaging, or even include mini-games — all explicitly aimed at hooking children. Federal health authorities, including the U.S. Surgeon General and the Food and Drug Administration, have repeatedly warned that these products fuel nicotine addiction among kids, leaving them vulnerable to lifelong health consequences.
The problem is not a lack of laws. New York has already shown foresight and leadership by putting some of the nation’s strongest vape regulations on the books. The issue is a lack of collective will to enforce those laws. Policymakers, law enforcement, and community leaders must come together to stop the infusion of illegal flavored vapes into our state. We cannot afford to continue to look the other way while our children are targeted by foreign manufacturers and unscrupulous sellers. The policies we need are already in place. Now, we need leadership. New York has set the standard for what strong flavored vape laws look like. Let’s match that vision with the action required to enforce them.
Keris Lové is a policy analyst and advocate whose career began in New York City’s child welfare system. She is the co-founder of NNLB, a collective dedicated to Black Liberation, Direct Reparations, and the Decriminalization of Poverty.