Gov. Kathy Hochul should ramp up New York enforcement against illegal-flavored cigarettes and vapes coming from China that end up in the hands of New York’s teens, a rival Democrat said.
Rep. Ritchie Torres, who sits on the House Select Committee on the Communist Party, urged Hochul to amend state law to allow the Tax Department to bolster the state’s anemic enforcement, now led by the Health Department.
“I urge your administration to take decisive action to strengthen enforcement against the sale of illegal flavored e-cigarettes, particularly those originating from China, by granting the New York Department of Taxation and Finance authority alongside the Department of Health,” Torres said in a March 30 letter to the governor.
New York banned flavored vapes in 2020, but the products continue to flood the market, Torres said, undermining public health efforts.
He complained the vapes, often disguised under misleading labels and shipped through unauthorized channels, are “designed to appeal to minors while evading both state and federal regulations.
“These products pose a direct threat to public health, with dangerously high nicotine concentrations and unknown chemical additives,” Torres said in the letter to Hochul. “The persistence of illegal flavored vapes not only fuels nicotine addiction among young people but also burdens state enforcement agencies that lack the necessary authority and resources to effectively crack down on these illicit operations.”
The law also should be strengthened to classify flavored vapor products as contraband, thus allowing Tax Department officers to confiscate vapes from any business or shipment, just as they do for unstamped cigarettes, the congressman said.
“This expansion of authority will ensure that both Health and Tax enforcement agencies are actively investigating and penalizing illegal flavored vape sales, thereby increasing the likelihood of identifying and prosecuting violators,” said Torres, who is eyeing a primary against Hochul in 2026.
New York’s fight against tobacco has dramatically curbed youth smoking, Torres noted, but the continued availability of illicit flavored vapes threatens to “reverse these gains.”
“By taking bold action to enhance enforcement, close regulatory loopholes, and curb the flow of illegal products, we can protect public health, uphold the integrity of state laws, and safeguard critical tax revenues,” he said in the letter to the governor.
About 6% or 1.63 million middle and high schoolers in the US say they use vapes, according to a survey released last fall by the federal Food and Drug Administration.
More than eight out of 10 current e-cigarette users — 87.6% — used flavored e-cigarettes, with fruit flavors being the most popular, followed by candy, desserts, or other sweets, mint and and menthol, the survey showed.
As part of Mayor Eric Adams’ Operation Padlock aimed at shutting down illegal cannabis shops, New York City authorities discovered that many of the illicit merchants were also selling outlawed e-cigs — leading to the seizure and destruction of 1,200 lbs. of vape products last fall.
The city also filed suit to snuff out illegal vape wholesalers.
Last October, the FDA, in collaboration with US Customs and Border Protection , seized 3 million units of illegal e-cigarette products, with an estimated retail value of $76 million.
The seizures were part of a joint operation to inspect incoming shipments and prevent illegal e-cigs from entering the country.
All the shipments came from China and were mislabeled to evade detection, federal authorities said.
Asked about Torres’ pitch, a Hochul spokesperson responded, “New York is a national leader in its enforcement against illegal and dangerous e-cigarettes. The governor will review any related legislation that passes both houses of the legislature.”
