Disguised Vapes Banned in Suffolk

Vaping devices disguised as pens, highlighters, and other innocuous objects designed to fool teachers and parents will be banned by Suffolk County under a new law championed by Legislator James Mazzarella.

Voting unanimously, county lawmakers were “outraged” by the deception used by companies in getting their nicotine delivery systems into the hands of children to hook them early on the powerful drug. Mazzarella was joined in October by Suffolk District Attorney Raymond Tierney, town and school officials, and his fellow legislators to decry purveyors of the camouflaged vapes, noting that they contribute to a culture of abuse that leads to more powerful drugs.

“The industry wants to maintain the addictive nature of cigarettes by delivering nicotine to kids in devices they can hide from their teachers and parents, and it’s outrageous,” Mazzarella said. “Adults can do whatever they want, but we moved to protect the children.”

According to the U.S. Food and Drug Administration, vapes, mostly from China and aimed at children with candy-like flavors, are flooding the U.S. market at an unprecedented pace, with the number of different devices nearly tripling to over 9,000. The disposal products made up about 40% of the $7 billion retail market for e-cigarettes last year. The FDA had banned all vape flavors except for menthol and tobacco in rechargeable devices such as Juul, but manufacturers quickly switched to disposal devices, and sales skyrocketed, especially among those under 21.

The ban’s co-sponsor, Legislator Dominick Thorne, noted that the law restricts the sale of vapes disguised as USB drives, pens, smartphone cases, and even backpacks and hoodies with tubing that enable kids to inhale inconspicuously. “Vaping was created by the tobacco industry to make electronic or e-cigarettes appear less harmful and more appealing when, in reality, most vape products contain a large amount of nicotine, as well as several chemicals,” Thorne said.

Legislator James Mazzarella rallies local leaders in support of the vape bill. File Photo

Under the new law, violators selling disguised devices will be subject to fines of $1,000 for the first offense and up to $2,000 for each offense thereafter. Suffolk will also levy fines against those selling vape products to anyone under the age of 21. The bill is headed to the desk of county Executive Steve Bellone.

China is flooding the U.S. with nicotine products, particularly in small, colorful devices aimed at children, with the vaping device Elf Bar becoming the favorite among teens. U.S. authorities recently seized 1.4 million illegal Elf Bar products valued at $18 million, a tip of the iceberg in the multi-billion dollar industry.

“The FDA and public health advocates warn that these deceptive packages make it nearly impossible to detect, and that the flavorings are purposefully meant to appeal to and attract young people, and are commonly referred to as ‘training wheels’ for traditional cigarettes,” Mazzarella concluded.