ALBANY, N.Y. – A new proposal in the New York State Assembly would outlaw the sale of so-called “entertainment vapor products,” a new class of e-cigarettes equipped with Bluetooth, internet connectivity, or built-in screens that allow users to play games, display photos, or stream music directly from their vaping device.
Assembly Bill 22, sponsored by Assemblywoman Linda Rosenthal (D-Manhattan), seeks to add Section 1399-ll-1 to the state’s Public Health Law, prohibiting the sale or retail offering of any vapor product with interactive or entertainment features. Lawmakers say the measure is designed to combat what they describe as Big Tobacco’s latest attempt to lure young consumers through digital gimmicks that merge vaping with smartphone-like technology.
The bill defines “entertainment vapor product” as any vaping device with Bluetooth, wireless internet, or similar connectivity, or that provides interactive functions such as games, music playback, or visual displays. Retailers found selling these devices could face civil penalties of up to $100 per package sold.
Under the legislation, enforcement would follow procedures outlined in existing state law governing tobacco and vapor products, though individuals would also be permitted to file complaints with enforcement officers. Manufacturers could avoid penalties by proving that sales occurred without their knowledge or consent.
Rosenthal’s proposal builds on the state’s 2020 ban on flavored e-cigarettes, which lawmakers credited with curbing youth vaping rates. “Big tobacco’s newest trick to attract a new generation of customers is the sale of entertainment vapor products,” Rosenthal wrote in her memorandum supporting the measure. “These products draw users in with their features and encourage them to continue vaping by ‘gamifying’ the experience.”
The bill’s justification section cites the continued use of marketing strategies aimed at younger users, arguing that such devices combine the appeal of video games and smartphones with addictive nicotine consumption. Lawmakers say that by banning devices that “gamify” vaping, the state can prevent another wave of nicotine dependence among teens.
Any vapor product that has received premarket authorization from the U.S. Food and Drug Administration under 21 U.S.C. § 387j would be exempt from the ban, though few such products currently meet that federal standard.
The measure, which was prefiled for the 2025–2026 legislative session and referred to the Assembly Health Committee, would take effect 30 days after becoming law.
New York lawmakers propose banning high-tech “entertainment vapes” that let users play games or stream music, calling them a new tactic to hook young users.