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American Lung Association Statement Regarding Legal Challenge to Governor Cuomo’s Emergency Regulations Stopping the Sale of all Flavored E-Cigarettes

(October 4, 2019) - Albany, NY

For more information please contact:

Jennifer Solomon
[email protected]
(516) 680-8927

Yesterday, a court decision was made delaying the enactment of Governor Andrew Cuomo’s emergency regulations to end the sale of all flavored e-cigarette products.  The regulations were announced as a response to the youth e-cigarette epidemic and the increasing number of vaping-related lung injuries being reported throughout the country.  The regulations were meant to go into effect today, October 4, 2019, but are being delayed under further legal action.

The American Lung Association in New York supports Governor Cuomo’s decision to take bold action to combat e-cigarette use and supports the rule to end sales of all flavored e-cigarettes, including mint and menthol. 

Most teens initiate tobacco use with flavors, making taking action to end the sale of flavored products a critical step to addressing the youth e-cigarette epidemic. The Lung Association remains deeply concerned about the more than a thousand  vaping-related lung injuries across the country.  While much remains to be determined about the reported cases of severe lung disease as well as the lasting health consequences of vaping, it’s clear that we are looking at a public health emergency. The inhalation of harmful chemicals found in e-cigarettes can cause irreversible lung damage and lung disease. The developing lungs of youth may be more at risk, making taking action to end the sale of flavored tobacco products even more urgent. No one should use any tobacco product, including e-cigarettes.

Since this is a nationwide problem, the American Lung Association again calls on the FDA to immediately remove all flavored e-cigarettes from the market nationwide, stop all tobacco industry marketing to children, and issue a rule that would establish effective age verification mechanisms for all online sales.

The agency also must enforce the law by prohibiting the introduction of new e-cigarette products without prior agency review and authorization and promptly review products already in use.

Until the FDA takes these necessary steps, states and cities should continue their growing efforts to protect kids by prohibiting the sale of all flavored e-cigarettes.


About the American Lung Association

The American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease, through research, education and advocacy. The work of the American Lung Association is focused on four strategic imperatives: to defeat lung cancer; to improve the air we breathe; to reduce the burden of lung disease on individuals and their families; and to eliminate tobacco use and tobacco-related diseases. For more information about the American Lung Association, a holder of the coveted 4-star rating from Charity Navigator and a Gold-Level GuideStar Member, or to support the work it does, call 1-800-LUNGUSA (1-800-586-4872) or visit:

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