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Developing Policy Recommendations on e-Cigarette Use in New York State

  • By: NYSHealth
  • Date: August 2017
  • Priority Area: Special Projects Fund
  • Type: Grant Outcome Reports
  • Category: Grant Outcome Report
  • Grantee Name: American Cancer Society


Electronic Nicotine Delivery Systems (ENDS) refer to all forms of e-cigarettes, vapes, and similar products, whether they contain nicotine or not. ENDS produce an inhalable aerosolized mixture of flavored liquids and frequently nicotine. Like conventional cigarettes and other combustible tobacco products, the use of ENDS products poses serious public health risks and concerns that need to be addressed. However, few regulations are currently applied to ENDS products to protect consumers, especially among youth. In September 2016, NYSHealth awarded the American Cancer Society (ACS) a grant to organize an ENDS summit to generate policy recommendations regarding the sale and use of ENDS in New York State. The convening was held in February 2017, hosted by ACS, the New York State Public Health Association (NYSPHA), and NYSHealth.

Grantee: American Cancer Society

Dates: October 2016 – May 2017

Grant Amount: $ 50,000

Grantee Website:

Grant ID: 16-04534

Outcomes and Lessons Learned:

  • Convened a group of approximately 30 experts and other stakeholders to discuss the main inquiries related to ENDS: (1) youth access, (2) tobacco cessation, and (3) health effects; and
  • Generated the following evidence-based priority recommendations for State and local decision-makers to consider when creating policies to reduce the negative consequences of ENDS use:
    • Include all tobacco and ENDS products in the New York Clean Indoor Air Act;
    • Increase the legal age for purchases of all tobacco products, including ENDS, to 21;
    • Increase the tax rate on ENDS and e-liquids and bring ENDS taxes into parity with other tobacco products;
    • Invest in public health education about ENDS products; and
    • Maximize education and support for and access to FDA-approved cessation strategies for consumers and health care practitioners.


Using the recommendations from the ENDS summit, NYSPHA published a policy brief, “Policy Recommendations to Address the Problem of Electronic Nicotine Delivery Systems (ENDS) in New York State,” in June 2017. NYSPHA sent a press release to relevant stakeholders throughout the State; shared the brief with approximately 12 State legislative correspondents; and distributed the brief to media and key decision-makers in Albany. It also disseminated the brief via the State’s tobacco control contractor network and partners and to NYSPHA members and contacts.

Since the release of the ENDS policy brief, there has been significant legislative progress at the State level. In June 2017, a bill to include ENDS in the State’s Clean Indoor Air Act passed both houses of the New York State Legislature, and it now awaits the Governor’s signature. In July 2017, Governor Cuomo signed a bill banning the use of ENDS at all public and private schools in New York State. A bill to raise the legal age of tobacco consumption in New York State to 21—which would include ENDS—has passed the New York State Assembly and currently remains in the Senate.

Co-Funding and Additional Funds Leveraged: N/A