Data from the U.S. Department of Health and Human Services suggests that fruit and menthol or mint e-cigarette flavors are by far the most popular among high school students who vape. | Getty Images Cuomo moves to ban flavored e-cigarette sales

New York state will move toward a ban on the sale of flavored e-cigarettes, Gov. Andrew Cuomo announced on Sunday.

The governor directed health Commissioner Howard Zucker to hold an emergency meeting with the Public Health and Health Planning Council this week to implement the ban. He also ordered the State Police and Department of Health to ramp up combined enforcement efforts against retailers who sell the devices to underage youths, including possible criminal penalties, as early as Oct. 4.


Cuomo also said he will advance legislation to ban deceptive marketing of e-cigarettes to children and teens.

“You’re selling flavors like bubble gum, cotton candy, Cap'n Crunch,” he said at a morning news conference. “You're marketing to young people, and it’s nicotine.”

The governor added: “I am a former cigarette smoker. It is highly addictive and highly difficult to stop, and to stay away from cigarettes for the rest of your life. It is a real struggle. The addiction to nicotine is powerful.”

“This is a parallel to cigarettes,” Cuomo said. “We’ve been here.”

Austin Finan, a spokesperson for Juul, a high-profile manufacturer of e-cigarettes, said the company would "review" Cuomo's announcement. Finan said the company agrees "with the need for aggressive category-wide action on flavored products. That is why we already stopped selling our non-tobacco/non-menthol based JUULpods to traditional retail stores, are fighting against counterfeit and compatible products made with unknown ingredients under unknown manufacturing standards and will fully comply with local laws and the final FDA policy when effective."

Bill Sherman, the American Cancer Society Cancer Action Network’s managing director of government relations, raised concerns that the governor’s actions don't go far enough.

He urged Cuomo to immediately amend his proposal to include mint and menthol flavored e-cigarettes, which were exempted from the emergency rule.

“This emergency rule has glaring holes that will allow the tobacco industry to continue to lure our kids with menthol e-cigarettes,” he said in a statement. “Mint and menthol are candy flavors to our kids. That’s why at least 64 percent of the youth who report using e-cigarettes, use menthol e-cigarettes. … Without comprehensive actions tobacco companies will continue to lure our kids into addiction with menthol cigarettes and other flavored tobacco products like cigars and hookah.”

Sherman said the state Legislature should “restrict the sale of all flavored tobacco products including menthol cigarettes.”

Data from the U.S. Department of Health and Human Services suggests that fruit and menthol or mint e-cigarette flavors are by far the most popular among high school students who vape.

The governor’s announcement came just days after he directed state agencies to launch educational awareness programs about youth e-cigarette use and to expand current school-based anti-tobacco programs and marketing campaigns to include the liquid nicotine products.

Cuomo, who called for banning flavored e-cigarettes last week, signed legislation, NY S301 (19R) / (NY A481 (19R), on Thursday to include e-cigarettes and liquid nicotine in New York's Tobacco Use Prevention and Control Program and issued an executive order requiring the incorporation of vaping and e-cigarette prevention into all state tobacco, anti-smoking or smoking cessation materials, programs and advocacy efforts.

The PHHPC, meanwhile, approved regulations Thursday requiring entities that sell vaping products in the state to post signage on the dangers of vaping.

The Trump administration also announced it is considering a ban on flavored e-cigarettes, although the governor said the state cannot wait on the federal government.

“Who knows what they will do, if they will do it,” Cuomo said. “Waiting for an effective FDA action is a fool’s errand. We are on our own.”

Dan Goldberg contributed to this report.